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(영문) 서울서부지방법원 2016.12.09 2015가단1515
환수금
Text

1. The Defendant’s KRW 38,144,531 as well as the Plaintiff’s annual rate from December 24, 2014 to December 9, 2016, and the following.

Reasons

1. Basic facts

A. The plaintiff is an insurance company with the objective of insurance business and the FP sector among the business sector is an insurance solicitor (FP, Fincial Pumer, hereinafter "FP or designer"), intermediate-side insurance solicitor (SM, Sales Mager, hereinafter "SM or executive designer"), business family-type branch office (hereinafter "PBM,") and branch office (hereinafter "PBM or business family-type branch office"), and all of them are insurance solicitors.

B. On December 1, 2010, the Plaintiff: (a) formulated “a plan to strengthen the business performance of the Seoul Metropolitan Area and strategic region” (Article 2(2) and Article 16(2)); and (b) implemented the said plan by establishing “a plan to strengthen the business performance of the Seoul Metropolitan Area and strategic region” [a plan to strengthen the business performance (Article 2(2) and (6) is limited to one year and six months, and, in principle, it is deemed impossible to renew the contract as the head of the same status who is the same after the termination of the contract period]; (c) from December 28, 2012, the Plaintiff established “a management office of other insurance company branches or insurance solicitors with outstanding business

C. According to the above strengthening scheme, the Plaintiff and the Defendant entered into a contract on the commission of designer and the head of a branch of a project (hereinafter “instant commissioning contract”) on August 24, 2011, and the specific details are as follows.

1) A contract for commission of the head of a branch office in the project (hereinafter “instant contract”).

Article 3 (Application of Established Rules, Criteria, etc.) The head of a services branch shall be subject to the Act on the General Operation Standards for Private Business established by the Company, the Seoul Metropolitan Area and the Strategic Area Operating Standards, the Guidelines for Operating Branch Points, the FP Fee Payment Standards, the FP Risk Guidelines, the Guidelines for Operating Reserve Branches, the Guidelines for Guarantee Management, the Guidelines for Guarantee Management, and the Guidelines for Guarantee of Performance Insurance. Article 7 (Change of Details of Contracts)

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