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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’s FP business sector consists of social structures, such as FPer, Manner, SMer, which is an intermediary insurance solicitor, PBM (PBancher), a branch office, and BM, which is a branch office.
B. On August 28, 2012, the Plaintiff entered into an FP commissioning Agreement with the Defendant, and on November 30, 2012, respectively. On November 29, 2013, the Plaintiff entered into a PBM commissioning Agreement with the relevant branch, which was dismissed from the PBM on December 2014, and retired from the FB status on January 6, 2015.
C. In concluding the above FP commissioning Contract, the Plaintiff agreed to pay fees to the company in accordance with the Defendant’s “Standards for Payment of Fees within the Business Rules” (Article 6), and agreed to promptly refund the full amount of fees received from the relevant contract to the company where the insurance contract solicited was terminated due to the failure to cancel the application, or its invalidation, revocation (including where the contractor cancels the contract due to the breach of the duty to deliver the terms and conditions and the duplicate of the subscription, the breach of the duty to explain the terms and conditions, the contractor and the insured’s failure to sign or affix seals, etc.) and termination, etc.
Plaintiff
Around September 2016, 2016, FPC and D filed a civil petition against the Defendant on the grounds that the Defendant did not have a self-written signature of the insured at the time of entering into each of the above insurance contracts (hereinafter “each of the instant insurance contracts”); the Defendant received a written statement of recruitment from C and D, and confirmed it, and then terminated the said insurance contracts on December 2016, 2016.
E. The Defendant is the Seoul Western District Court against the Plaintiff regarding the performance fee paid to the Plaintiff based on each of the instant insurance contracts.