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(영문) 서울중앙지방법원 2015.06.11 2013가단5154576
수수료지급청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a company mainly engaged in insurance agency business, and the defendant is a company engaged in insurance business under the Insurance Business Act.

B. On July 5, 2006, the Plaintiff is running its business as the Defendant’s agent since concluding a life insurance agency contract with the content that it is entrusted with the business of the life insurance agency (hereinafter “instant agency contract”) and then its contract is renewed (hereinafter “instant agency contract”).

C. The main contents of the instant agency contract are as follows.

(Provisions on Payment and Refund of Fees shall be amended by the terms and conditions of the 2012 modified contract in accordance with the certificate referred to in subparagraph (2). Article 5 (Entrusted Business) shall entrust the following business (hereinafter referred to as "entrusted business") to the agency, and the agency shall, to the extent that it complies with the company's policies and guidelines, faithfully perform the entrusted business:

1. Affairs related to new contracts, such as representation for concluding insurance contracts for complete sales, receipt of subscription forms, and computerized inputs (Provided, That the affairs related to acceptance of subscription shall be excluded);

2. Affairs for the maintenance of holding contracts, such as customer management and insurance premium collection, and affairs for policyholders' services;

3. Business affairs incidental to the business affairs referred to in subparagraphs 1 through 3, such as the delivery of an application form for insurance to policyholders, the delivery of the insurance clauses, the major contents of the terms and conditions, the explanation of the contents of insurance products (in particular, the major contents of the products that the contractor should know), and the company shall pay to the agency the agency fees calculated on the basis of the agency's business performance and efficiency, and other sexual standards determined by the company in return for performing the agency's entrusted business affairs. (ii) Specific matters concerning the payment of the agency fees, such as the items of the agency fees, the requirements for payment by item, the methods of calculating the amount of payment, the detailed methods of calculating the amount of payment, the date of payment, etc.

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