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(영문) 서울중앙지방법원 2018.07.19 2017가단5096456

채무부존재확인 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 13, 2010, the Plaintiff entered into a contract with the Defendant for the commission of insurance solicitors (hereinafter “instant commission contract”) and worked as the Defendant’s insurance solicitor by July 22, 2013.

B. The instant commission contract provides for the following matters: (a) the Plaintiff performs incidental business, etc. to mediate the conclusion of insurance contracts with respect to the Defendant’s insurance products and to maintain and manage the contract for possession; and (b) is to receive fees from the Defendant in return, and (c) the payment criteria

Article 5 (Criteria for Payment of Fees) ① Company shall meet the criteria for the payment of fees for insurance business guidelines set by the Company, which shall be limited to '1. Standards for the payment of fees for financial statements and fees'.

(1) In accordance with Article 7, the Company shall not pay the fees already paid to the contractor, such as the cancellation or cancellation of the terms and conditions of the product and the laws recruited by the designer, and the Company shall return the fees already paid to the Company in accordance with the insurance business guidelines on the condition that the designer has maintained the effective establishment, and the detailed method and the recovery of other fees shall be subject to the criteria for the payment of the fees.

(2) Where a designer receives fees to be incurred in the future from the company on condition that the solicitation contract exists effectively, etc., the designer shall immediately refund the advance payment for the portion unpaid, and the detailed methods and procedures therefor shall comply with the standards for the payment of fees, if such advance payment is invalidated.

(3) Paragraphs (1) and (2) shall be dismissed even if the designer is in the middle of the contract, and the fees already paid due to the termination of this contract.