(영문) 광주지방법원 2015.11.25 2015나53359

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(영문) 광주지방법원 2015.11.25 2015나53359

청구이의

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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. In the first instance court, the Plaintiff filed a motion for denial of compulsory execution based on the Nos. 1 and 2 of this case, and the court of first instance accepted all the Plaintiff’s motion.

On the other hand, the defendant filed an appeal against the part of compulsory execution up to 11,006,720 won based on the second notarial deed of this case.

Therefore, within the scope of 11,06,720 won among the judgment of the court of first instance, the part that seeks the denial of compulsory execution based on the No. 2 No. 1 of this case is subject to the judgment of this court.

2. Basic facts

A. The parties concerned are companies that conclude insurance contracts with insurance companies and act as an agent in concluding insurance contracts for the said insurance companies.

The plaintiff is a person who entered into a contract with the defendant to operate the G branch as shown below.

B. On February 3, 2012, the Plaintiff entered into the instant branch contract (i) the G branch office of the Defendant and the Defendant (hereinafter “G branch office”)

(2) The contract to operate the branch (hereinafter referred to as the “instant branch contract”) shall be

(2) The Plaintiff concluded a contract of the instant branch. (A) The following basic contents are as follows: (a) If the insurance solicited by the G branch is not maintained for a certain period (18 months in case of life insurance and 13 months in case of non-life insurance) due to the invalidity, cancellation, termination, etc. of the insurance solicited by the G branch, the Plaintiff must return part (in proportion to the period in which it was not maintained) of the subscription fees received by the Defendant KIC to the Defendant.

3) The details of the instant branch contract are as follows. (3) The head office shall pay the branch fee for the life insurance and non-life insurance sold in the qualification of the branch office B. Article 4 (Rights and Duties of the branch office)

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