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(영문) 서울중앙지방법원 2015.06.10 2014가단63603

채무부존재확인

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1. The Plaintiff (Counterclaim Defendant) paid KRW 38,449,804 to the Defendant (Counterclaim Plaintiff) and its payment from April 11, 2015 to the date of full payment.

Reasons

The main office and counterclaim shall be judged together.

The Minister of Land, Infrastructure and Transport

1. Basic facts

A. The Plaintiff served as the Defendant’s insurance solicitor from May 19, 201 to August 23, 2013.

B. Article 5(1) of the Insurance Solicitors Commission Agreement concluded on October 1, 2012 between the Plaintiff and the Defendant provides that “a company shall pay the fees of the designer within the fixed period in accordance with the criteria for the payment of fees for the insurance business guidelines determined 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 the fees for the relevant contract in accordance with the insurance business guidelines, and the designer shall refund the fees already paid to the contractor on the condition that the designer has maintained the effective establishment and maintenance of the contract, and shall comply with the standards for the payment of the fees with respect to the collection of the detailed methods and other fees.”

C. Defendant’s insurance business guidelines in 2012

4. General standards concerning the payment and redemption of fees;

A. (1) 2) In principle, fees are to be paid only to persons commissioned as of the end of the month preceding the month in which 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 person involved in the relevant contract shall be liable to reimburse the total amount of the fees recovered after the dismissal.

(b) fees under subsection (b).