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(영문) 서울중앙지방법원 2014.02.04 2012가단277293

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 22, 2011, the Plaintiff and the Defendant concluded a life insurance agency contract with the content that the Defendant commissions the Plaintiff as the Defendant’s life insurance agency (hereinafter “instant agency contract”) and the main content are as follows.

The defendant shall entrust the plaintiff with all management affairs, etc. related to the vicarious execution of life insurance contracts and the payment of premiums.

(Article 2) The Plaintiff recognizes that the Defendant’s agency management standards and fees are part of the instant agency contracts, and the Plaintiff is responsible for complying with such regulations, including provisions regarding the Defendant’s agency status and commission fees, including provisions regarding the Defendant’s agency management standards and payment of commissions, business operation programs, business manuals, etc.

(Article 7(1). The Defendant has the authority to change all the standards, regulations, policies, etc., including the instant agency contract and subsidiary agreement, all the documents attached at the time of concluding the instant agency contract, agency management standards and payment rules of agency fees, and the business operation program, etc., to the Defendant’s judgment, and the modified standards, regulations, policies, etc. shall take effect from the date when the Defendant was published, and the Plaintiff shall not raise any objection thereto.

(Article 7(2). The Defendant may terminate the instant agency contract in the event that the Plaintiff has failed to commence business within three consecutive months or more, or when the Plaintiff has violated or failed to comply with the terms and conditions of the instant agency contract and the subsidiary agreement, etc.

(Article 19(1). The plaintiff and the defendant may conclude a separate annexed agreement concerning the details not provided for in the instant agency contract. In this case, the annexed agreement shall be deemed part of the instant agency contract, and if the contents of the instant agency contract and the annexed agreement are different, the contents of the annexed agreement shall prevail.

§ 26.