채무부존재확인
1. The Plaintiff (Counterclaim Defendant): (a) 85,918,535 won to the Defendant (Counterclaim Plaintiff) and its related amount from December 12, 2012 to January 25, 2013.
1. Facts of recognition;
A. Status of the parties (1) The defendant is a company with the aim of running life insurance, Type 3 insurance, reinsurance of life insurance, reinsurance of Type 3 insurance, receipt of premiums pursuant to the relevant insurance contract, payment of insurance proceeds, etc.
(2) On May 13, 2011, the Plaintiff entered into a commissioning Agreement with the Defendant on the Insurance Solicitation Business, etc. (hereinafter “instant commissioning Agreement”) at the Defendant’s branch office B, and subsequently, performed the commissioned duties at the Defendant’s branch office B as a branch office manager. Around January 2012, the commissioned duties were changed to an insurance solicitor engaged in the insurance solicitation, and the commissioning Agreement was terminated on February 1, 2012.
B. At the time of entering into the instant commission contract, the commission contract (Evidence 1) prepared by the original defendant (as to the contents of the commission contract) shall contain the following contents:
(1) The duties that the defendant entrusts to a designer are as follows:
(4) Article 4. The brokerage of the conclusion of an insurance contract, the maintenance and management of the holding contract, the delivery of the written subscription for the insurance policy, the description and explanation of the important contents of the insurance terms and conditions, the duties closely related to the above duties, the additional duties by the application or consent of the designer other than the above duties, and other duties prescribed separately by the Defendant’s regulations relating to the designer’s company. (2) The Defendant shall pay the designer’s fee within the fixed date in accordance with the “standards for the payment
(Article 6(1). At the time of the conclusion of this Agreement, the Defendant shall fully explain the criteria for the payment of fees under paragraph(1) to the designer and obtain the consent of the designer.
(Article 6(2). In order to be paid the fees the Defendant pre-paid, the designer must provide security above the standard prescribed by the Defendant.
(3) A designer shall faithfully perform the following matters:
(Article 11). In the performance of entrusted duties, the Insurance Contract Act, the Insurance Business Act, and the Insurance Business Act.