채무부존재확인
1. Of the Plaintiff’s claim for restitution fees against the Defendant, there is no portion exceeding KRW 6,307,127.
1. Basic facts
A. On July 15, 2014, the Defendant entered into a contract with the Plaintiff as an insurance solicitor (hereinafter “instant commissioning contract”) and the main contents of the contract related to the instant case are as follows.
Article 6 (Payment, Redemption, etc. of Fees) (1) A company shall pay a designer fee within the fixed date according to the standards for payment of fees.
(2) When concluding this contract, a company shall fully explain to a designer the standards for payment and recovery of fees under paragraph (1).
(6) When the contract is terminated, all the fees from the following month of the month following the termination of the contract shall be paid as site.
(7) The recovery of fees and all kinds of subsidies for a designer shall be recovered in accordance with the standards for payment of fees.
B. On August 4, 2014, the Plaintiff signed a written consent to the Defendant’s insurance business guidelines (such as the performance system, designer’s personnel guidelines, contract classification, and type of measures, designer’s system, and fee).
(Guarantee Fee)
(a) SM in force by the date of the payment of the fees for the month of the payment of the fees, between 1 to 12 months;
(b) Period of payment and 12 times in total from the month following the month of delegation month of the period of payment (12 times in cases of new delegation before 20 days);
(c) Standard and amount of outstanding work experience (4 million won for the first month to the third month, 4 million won for the fourth month to the second month, 4 million won for the 7-6th month, 3 million won for the second month, 10-12 month: 2 million won for the first month to the third month): 3 million won for the 4-6th month, 3 million won for the 7-9th month: 2.5 million won for the 10-12th month; 2 million won for the first month to the second month);
(d) The period of recovery at the time of early dismissal within the 13th month of the delegation of SM (e.g., the 50% of the payment guarantee fee for the period of dismissal (e.g., the 1-7th month of the withdrawal: the 50% of the payment guarantee fee for the period of dismissal to the 8-13th month): The method of recovery from SM fees for the following month: The standard and amount of payment for SM for the period of at least the first month of delegation: the results of SM reporting and the results of SM collection at the time of termination of the SM recruitment contract for the collection of fees for each productivity of the first month and 24th month.