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(영문) 서울남부지방법원 2020.10.30 2018가단227487

채무부존재확인

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs concluded a contract with the Defendant on October 6, 2016 to commission of an insurance solicitor, and served as an insurance solicitor belonging to the Defendant from around that time to March 2017.

Of the commission contracts prepared at the time, the payment and restitution of the fee (hereinafter referred to as “relevant contents”) are as follows:

Part 1 General Provisions of the commissioned contract under Chapter 1 (Fees) The defendant shall pay or recover fees to insurance solicitors (payment or recovery of fees under Chapter 3) as provided for in the commission contract (payment and recovery of fees). 2) The defendant shall sufficiently explain the main contents of the commission (payment and recovery of fees) to the insurance solicitor within seven days after the conclusion of the initial commission contract and shall receive from the insurance solicitor [verification of the important explanation of the payment of fees].

3) An insurance solicitor shall refund fees already received upon occurrence of a cause to recover fees set forth in [payment and recovery of commissions] such as nullification, termination, quality assurance, cancellation of order, failure to maintain opportunity for assistance. 4) If an insurance solicitor is discharged halfway due to termination, etc. of this contract, the company shall not pay any performance fees, including any management fees, after the date of such dismissal, other than those for the preceding month.

Part III (Composition of Fees) Payment and Redemption of Fees under Article 32 (1) of the Act shall be paid by the Company to insurance solicitors as follows: <1> Performance Fees under the Act No. 32 (Composition of Fees) (1) Payment and Redemption of Fees under the Act No. 32 (Composition of Fees) Payment and Redemption of Fees; 2) Contract Management Fees under the Ordinance of the Ministry of Health and Welfare (2) Performance Evaluation Fees under the Ordinance of the Ministry of Health and Welfare).

(2) A contract management fee and Boners fee - No one shall be paid after the date of dismissal.

(3)