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(영문) 서울중앙지방법원 2019.07.16 2017가단79791
손해배상 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant served as an insurance solicitor belonging to D Co., Ltd. (hereinafter “D”) from 1997 to 2013, and registered as an insurance solicitor belonging to the Plaintiff in 2014 and served as the head of the branch office of the Plaintiff’s Changdong branch until December 2014.

[Reasons for Recognition] Facts without a dispute, Gap evidence 10, 11, Eul evidence 1 (including various numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the Plaintiff’s claim

A. The part of the claim for damages concerning the cost of establishing a branch office suggested that the defendant will operate it for not less than 10 years at the beginning of the branch office to the plaintiff.

On January 2014, the Plaintiff entered into a contract for the establishment of a branch office and a contract for the establishment of a branch office (hereinafter referred to as “sub-establishment contract”) on the premise of such contract with the Defendant.

During that process, the Plaintiff spent total of KRW 41,798,300,00 (=10,450,000,000,000,000 brokerage commission for the purchase and installation of office fixtures and equipment for KRW 8,770,00,00,000, which was not subsidized from D due to the lack of the purpose of the branch office of KRW 20,148,30,00,00,000.

The Plaintiff paid approximately KRW 100 million to the Defendant from January 2014 to December 2014, 2014, prior to the establishment of a branch office.

However, the defendant violated the branch establishment contract by moving the company to another insurance agency with four insurance solicitors belonging to only nine months from the date of the branch establishment.

Therefore, the Defendant should compensate the Plaintiff for damages of KRW 41,798,300 for the cost of establishing a branch office as a result of a breach of contract or tort liability.

Since the defendant is an insurance solicitor belonging to the plaintiff, it shall comply with the criteria for the payment of fees or the criteria for supporting points, etc. of the plaintiff, and since the plaintiff entered into a contract with D with D, it shall comply with the criteria for fees payment and the criteria

The plaintiff's fee payment and division support to the defendant also are in accordance with D's guidelines.

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