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(영문) 서울중앙지방법원 2016.10.18 2015가합537894
보험대리점지위확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an insurance company under the Insurance Business Act that runs the life insurance business and related business. The plaintiff is a person who runs an insurance agency after concluding a corporate agent contract with the defendant to receive fees in return for being entrusted with the business of mediating insurance contracts, etc.

B. (1) On March 15, 2013, the Plaintiff entered into a corporate agent contract between the Plaintiff and the Defendant, setting the term of the contract with the Defendant as one year, and renewed the contract every year. On March 12, 2015, the Plaintiff finally entered into a life insurance corporation agent contract with the Defendant and its affiliated agreements (hereinafter “instant contract”).

Article 2 (Entrusted Affairs ① The Defendant shall entrust the following affairs to the Plaintiff.

1. Mediation of conclusion of insurance contracts;

2. Activities necessary for maintaining and managing insurance contracts;

3. Incidental business for the brokerage of conclusion of insurance contracts, such as the delivery of subscription forms for insurance, insurance clauses and insurance policies;

4. Receipt of insurance premiums (limited to cases where a receipt prepared by a company is issued to a policyholder);

5. Introduction of loans and other services incidental thereto;

6. Other tasks related to those under the above 1 to 5, which are determined by the defendant.

1. The duration of this Agreement shall be from March 12, 2015, the date of the conclusion of the Agreement, to one year.

2. Except where the defendant or the plaintiff has notified the other party in writing not later than one month prior to the expiration of the contract term, this contract shall be deemed to have been automatically renewed for one year under the same conditions.

Article 5 (Termination of Contract) (1) The defendant may terminate this contract where any of the following grounds arises to the plaintiff:

Provided, That where the defendant terminates this contract, he/she shall notify the plaintiff in writing not later than ten days prior to the scheduled date of termination of the contract and shall grant the opportunity to explain so.

10. Other managers.

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