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(영문) 광주지방법원 2016.09.29 2015가합60018
계약해지 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a trustee entrusted by the Defendant to conclude an insurance contract, and the Defendant is a corporation established for the life insurance business and related business, which entrusts the Plaintiff with the right to conclude its insurance contract.

B. On July 20, 2012, the Plaintiff entered into an entrustment contract with the Defendant for the insurance solicitation business (hereinafter “instant contract”) and has been acting for the Defendant.

C. The main contents of the instant contract are as shown in the attached Form.

The plaintiff's average monthly insurance premium of a new insurance contract that he/she recruited was 482,400 won per annum for three months from March 2015, and the NP was 0 won for three months from April 2015.

E. On July 7, 2015, the Defendant sent the instant contract to the Plaintiff with content certification, based on Articles 2, 10, and 19 of the instant contract, for at least three months, on the ground that the instant contract was terminated.

F. After that, on July 29, 2015, the Defendant finally notified the Plaintiff of the termination of the instant contract.

G. On August 13, 2015, the Defendant sent to the Plaintiff a notice of the request for return of performance-based bonuses and the process of recovery based on the termination of the contract. The content of the request for payment of the remaining amount of performance-based redemption of KRW 32,914,127 upon the termination of the commissioning contract, and would take legal measures at the time of not voluntary return.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 4, 7, and 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. According to Article 10(3) of the contract of this case, when the defendant intends to terminate the entrustment contract with the plaintiff, he/she shall give an opportunity to vindicate and decide whether to terminate the contract, except in cases falling under the grounds for cancellation of registration under the Insurance Business Act.

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