(영문) 광주지방법원 2018.08.17 2016가단532681

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(영문) 광주지방법원 2018.08.17 2016가단532681

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On November 2010, C, the representative of the Defendant Company, proposed the Plaintiff to establish a branch office and work as a branch office of the Defendant Company. On January 201, 201, C, who was a representative of the Defendant Company, leased an office located in D, and purchased office fixtures, etc. to purchase the office fixtures. The Plaintiff was appointed as the branch office of the said branch office around that time. (2) On February 3, 2012, the Plaintiff was working as the head of the said branch office of the Defendant Company. (2) On February 3, 2012, C, a separate business chain from the Defendant, concluded a branch contract with the Defendant, with the Defendant, to establish the said branch office of the Defendant Company (hereinafter “instant branch office”). The main contents of the contract are as follows.

(hereinafter referred to as the "instant branch contract". (Purpose) The purpose of this contract is to stipulate basic rights and duties relating to life insurance and non-life insurance business between the head office and the branch office.

Article 3 (Rights and Duties of Main Company) (3) The head office shall pay the fees for the branch office for life insurance and non-life insurance sold as B qualifications for the branch office.

(4) The head office may terminate this contract with respect to a branch office that violates the B management regulations of the branch office and the fees regulations of the branch office.

Article 4 (Rights and Duties of Branch Offices) (1) The branch offices shall actively cooperate with the management of the branch offices and business policies of the head office.

(4) Where fees paid pursuant to the regulations on fees for the branch office of the head office are recovered, the branch office shall comply with the regulations on the recovery of the head office.

(6) The branch office shall agree to withhold the payment of fees for a certain period of time if the recovery of fees is expected to be expected due to a sudden decrease, termination, contract (e.g., withdrawal, cancellation, termination, and invalidation) under a new contract.

(3) A branch office shall be all or part of insurance premiums received by the head office due to the change, invalidation, invalidation, termination, etc. of the terms and conditions, etc. of the insurance contract to be handled.

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