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(영문) 울산지방법원 2019.06.26 2018가단62425

청구이의

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 Defendant is a specialized company for the sale of life, non-life, and fund located in Busan Jin-gu, Busan. The Plaintiff is an insurance solicitor from December 14, 201 to December 14, 201.

B. On April 28, 2015, the Plaintiff entered into a contract with the Defendant for the commission of a designer (hereinafter “instant commission contract”) with the Defendant to be entrusted with the duties of mediating the conclusion of an insurance contract, maintaining the insurance contract, and managing the insurance contract (hereinafter “instant commission contract”). From June 2015 to November 2015, the Plaintiff received a settlement subsidy of KRW 30 million in total from the Defendant as the settlement subsidy.

C. At the time, the Plaintiff signed and sealed the instant commission contract with the following purport: (a) sufficiently read the instant commission contract; (b) sufficiently explain all the content of the instant commission contract from the Defendant; and (c) consented to all the content of the instant commission contract.

Article 6 (Insurance Solicitation Allowance) (1) A company shall pay an allowance to a designer on the 25th of the following month (on the day preceding the 25th day if the 25th day is a holiday) for his/her achievements in accordance with the Regulations on Benefits and Allowances (hereinafter referred to as the "Guidelines for Allowances").

A designer belonging to a branch office may pay in accordance with the allowance payment criteria set by the head of the branch office to which he belongs.

(2) Where the guidelines for paying allowances of companies are modified, a designer shall comply with the changed regulations.

(3) Standards for payment of allowances determined by a company may be newly established, changed, or discarded by item in accordance with the business policies of each company.

(4) Matters concerning the redemption of insurance solicitation allowances shall be as follows:

1. The cancellation, cancellation, invalidation, refusal to accept, breach of duty to notify, and termination of quality assurance offered by the designer shall be recovered in full of the fees already paid;

2. On the condition that an insurance contract is maintained for a certain period in the future and that this contract remains in force, the designer was paid allowances to be incurred in the future by the company, but the conditions are not fulfilled.