채무부존재확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 19,108,835 to the Defendant (Counterclaim Plaintiff) and its payment from April 23, 2015 to the date of full payment.
The main office and counterclaim shall be judged together.
The Minister of Land, Infrastructure and Transport
1. Basic facts
A. On February 7, 2012, the Plaintiff concluded a contract with the Defendant for commission of insurance solicitors, and served as the Defendant’s insurance solicitor by July 31, 2013.
B. Article 5(1) of the insurance solicitor appointment contract between the Plaintiff and the Defendant provides that “a company shall pay the designer’s fee within the fixed date in accordance with the fee payment criteria set by the insurance business guidelines set by the company,” and Article 7(1) and (2) provides that “in the event that an insurance contract solicited by the designer is returned to the contractor, such as the invalidation and cancellation under the terms and conditions of the product and the law, the company shall not pay any fee relating to the relevant contract in accordance with the insurance business guidelines, and the designer shall return the fee already paid to the company on the condition that the contract has been effectively formed and maintained, and shall be subject to the payment criteria for the fee.”
C. Defendant’s insurance business guidelines in 2012
4. General standards concerning the payment and redemption of fees;
A. 1) In principle, fees are to be paid only to the person commissioned as of the end of the month preceding the month in which the payment is made, and when a cause for restitution or reduction occurs due to invalid contracts (e.g., cancellation of order, return of complaint, termination of civil petition, quality guarantee, etc. after completion), invalidation or termination, etc., the relevant contracting person shall be liable to reimburse the total amount of the fees recovered after the dismissal.