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(영문) 서울중앙지방법원 2016.10.25 2015가합21504
해촉무효확인 등
Text

1. The part of the plaintiff (Counterclaim defendant)'s request for nullification of the dismissal shall be dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)’s commission agreement and performance-based payment agreement 1) are limited to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”).

(2) On May 21, 2012, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into an insurance solicitor commission contract with the Defendant on May 21, 2012. On two occasions, the said contract was renewed (hereinafter collectively referred to as “instant commission contract”) and served as the Defendant’s insurance solicitor until November 27, 2014.

The part relating to this case in the commission contract of this case is as follows.

[This case’s commissioning Contract] Article 2 (MATSNNNNNER’s Status) 1) MATSNNNNER is an independent business operator under the relevant laws, such as the Insurance Business Act, and the company performs the duties entrusted by the company under the commissioning Contract. The term of this contract under Article 3 (Period of Contract) is at least one year from the date of the conclusion of this contract. However, except where the company or MANNNNNNNNNNER notifies the other party in writing at least one month prior to the expiration date of the contract, the contract shall be automatically renewed for one year on the same condition. Article 6 (Insurance Solicitation Fee) 1) The company shall sufficiently explain the content of the provision of the fee-related company (hereinafter referred to as “payment standard”) to MATSNNNNNNER in the course of concluding the commissioning Contract and obtain consent from MANNNNNNN.

Article 11 (Matters to be Observed by MATSPNNNER) MATSPNNER shall comply with the following requirements in good faith:

1) In the performance of entrusted duties, the relevant laws and regulations, including the Insurance Contract Act (Commercial Act), the Insurance Business Act, and the Insurance Supervisory Regulations, and the company’s related guidelines (including information protection regulations and guidelines), and information protection-related accidents.

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