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(영문) 서울서부지방법원 2018.10.25 2018나35145
환수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. Around 2014, the Plaintiff, as a company developing and selling various insurance products, entered into a contract with an individual insurance agency for life insurance (hereinafter “instant contract”) with the content that the Defendant, as the Plaintiff’s agent, sells the Plaintiff’s insurance products and pays fees therefrom. On July 7, 2014, the Plaintiff commissioned the Defendant as the Plaintiff’s agent.

B. The main contents of the business guidelines of the individual insurance agency to be incorporated into the contents of the instant contract and the instant contract are as follows.

Article 2 (Period of Contract) of the Contract of this case shall be one year from the date of conclusion of the contract with the party.

Provided, That if no notification of termination of the contract is made by either party 30 days prior to the expiration date of the contract term, it shall be automatically extended once a year under the same conditions.

Article 6 (Fees of Individual Insurance Agencies)

7. Where a contract of an individual insurance agency is terminated, fees for contract management shall be paid;

Article 7 (Prohibition of Unfair Acts against Individual Insurance Agencies) Companies shall not engage in any of the following unfair acts against individual insurance agencies:

3. Summary of termination;

In the event that this contract is terminated for reasons other than the case

6. Where a company redeems all or part of the fees already paid to an individual insurance agency without justifiable grounds, the contract of the individual insurance agency may be terminated where the individual insurance agency falls under any of the following cases:

8. Where an individual insurance agency has no record of soliciting the insurance for not less than three months without justifiable grounds. (3) Where a company intends to cancel this contract, it shall send the notice of termination to the company with a final address notified by the individual insurance agency not later than 15 days prior to the scheduled date of termination.

Article 21 (Other Provisions) (5) This Agreement shall be concluded between the Company and the individual insurance agency and the related agency.

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