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(영문) 서울중앙지방법원 2016.04.05 2015나29649
수수료반환
Text

1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked;

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that runs insurance business in accordance with the relevant laws, such as the Insurance Business Act, and Nonparty B (hereinafter “Nonindicted Company”) is a company that runs the business of insurance agency that sells the Plaintiff’s comprehensive sales-type insurance from November 17, 2010. The Defendant is a person who was employed as an internal director who is the representative of the Nonparty Company from November 12, 201 and resigned on December 12, 201.

B. 1) On November 17, 2010, the Plaintiff entered into the instant contract with the Nonparty Company, and when the Nonparty Company sells the Plaintiff’s long-term insurance, the Plaintiff’s comprehensive sales agency contract with the effect that the Plaintiff shall pay a certain percentage of fees in accordance with the business regulations for the insurance sold by the Nonparty Company (hereinafter “instant contract”).

2) At the time of the instant contract (hereinafter “instant contract”) the following provisions were included in the contract term “contract term” and “recollection of fees,” written at the time of the instant contract.

【Article 2 (Period of Contract) This Agreement shall be one year from the date of conclusion of the contract: Provided, That except where the company and the agency notify in writing not later than one month prior to the expiration date of the contract that they do not intend to extend the contract, the contract shall be automatically extended by one year. 【Article 4 (Rights and Duties of Agency) 】 (4) Where the agency redeems the fees paid in accordance with the Company’s Final Agency Fee Regulation, it shall bear the obligation of return

C. The defendant's joint and several surety attached to the defendant's name that "I agree to conclude the above contract at the time of the occurrence of the obligation under Article 4 (4)" entered at the bottom of the last page of the contract at the time of the contract at the time of the contract at the time of the contract at issue, and I jointly and severally guaranteed the plaintiff's obligation to return the fee of the non-party company as stipulated in Article 4

The plaintiff on the collection of fees.

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