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(영문) 서울중앙지방법원 2015.03.27 2013가합557320

보수지급청구 등

Text

1. As to the Defendant-Counterclaim Plaintiff:

A. The Plaintiff (Counter-Defendant)A shall substitute for KRW 84,394,519 and its substitute for the Plaintiff (Counter-Defendant) from October 1, 2013 to September 4, 2014.

Reasons

1. Basic facts

A. The defendant entered into a commissioning contract with the plaintiffs as an insurance solicitor who sells the defendant's insurance products on each commissioning Date listed in attached Table 2, and the commissioning contract between the plaintiffs and the defendant was renewed each year, and the commissioning contract was terminated on each commissioning Date listed in attached Table 2.

(hereinafter referred to as "each of the instant commissioning Contracts" in total). The classes of insurance solicitors belonging to the defendant are classified into FSR, which is a general insurance solicitor, FIeld Master, FIched Master, which is a team leader-class designer, and AM (Agency Manger), and each class of the plaintiffs is as listed in the table 2.

B. The remuneration system for the Defendant’s insurance solicitors affiliated with the Defendant is stipulated in the bylaws of the name “Agency Joint Compensation Manual” (hereinafter “instant remuneration regulations”).

The main remuneration to insurance solicitors is ① sales commission received in return for the sale of insurance products, ② performance rates paid in accordance with the sales performance of insurance products (hereinafter “PB”), ③ maintenance grants paid in addition according to the maintenance ratio of insurance products already sold (Persist, hereinafter “PI”).

C. The defendant'sRap system and the plaintiffs' accumulation amount 1) The defendant also set LIFE to insurance solicitors belonging to the defendant.

(C) the subscription performance of each insurance solicitor under the system means the subscription performance of each insurance solicitor.

(i) the reserve accumulated for one year by accumulating a certain amount each month as of the basis has been paid at a certain point (one or seven months each year) after five years (one or seven months each year). The payment of a premium reserve is a condition that the commission contract will be maintained at the time of such payment (hereinafter referred to as “term for the payment of a premium reserve”).

2) The plaintiffs are entitled to pay damages.