채무부존재확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Defendant is a legal entity running an insurance business, and the Plaintiffs concluded a contract for commission of insurance solicitors (hereinafter “instant commission contract”) with the Defendant and worked as the Defendant’s insurance solicitor from February 27, 2013 to July 31, 2017; Plaintiff B from April 1, 2016 to July 31, 2017; and Plaintiff C from August 2, 2012 to July 31, 2017.
B. The instant commission contract provides that the Plaintiffs shall perform incidental business for the conclusion, maintenance, and management of insurance contracts with respect to the Defendant’s insurance products and receive fees from the Defendant in return, and the payment, redemption, etc. of fees are as follows.
Article 5 (Standards for Payment of Fees) (1) A company shall pay the fees of a designer within the fixed date in accordance with the standards for the payment of fees for the insurance business guidelines determined by the company (limited to the standards for the payment of fees for 1. Maritime Affairs and Fees within the insurance business guidelines; hereinafter referred to as "standards
The company shall allow the designer to peruse the standards for payment of fees on a regular basis through the internal computer network, etc.
(2) When concluding an entrustment contract, a company shall fully explain to the designer the terms and conditions of the relevant fee item, method of payment, guidelines for redemption, etc., and obtain the consent of the designer.
3. Where this contract is terminated, the company shall not pay all the fees to the designer.
Provided, That the same shall not apply where any separate provision exists in the payment criteria for fees.
Article 6 (Modification of Terms and Conditions of Contracts) (1) Where a company intends to modify the regulations, guidelines, etc. of a company related to an entrustment contract, it shall notify the designer of the details of the change through in-house computer network or store posting, etc. and make it available
(2) Where a company intends to change the criteria for payment of fees, it shall notify an insurance solicitor of the scheduled change at least one month prior to the scheduled date of implementation.