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(영문) 서울고등법원 2014.09.04 2013나67879

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) are involved.

Reasons

Basic Facts

The purpose of the defendant is to carry on life insurance, third insurance, reinsurance of life insurance, reinsurance of third insurance, collection of premiums and payment of insurance money according to the insurance contract, etc.

(hereinafter “Defendant Company”). On May 13, 201, the Plaintiff entered into a contract with the Defendant Company for commission of insurance solicitors (PA and Proteviser) on the insurance solicitation business, etc. (hereinafter “instant commission contract”) on a one-year basis, with the term of the contract of the Defendant Company as of May 13, 201, and a person who was commissioned as a branch manager at the Defendant Company B’s B branch office.

The defendant company under Article 6 (1) of the contents of the appointment contract of this case and related regulations (insurance solicitation commission, etc.) shall pay the designer's fee within the fixed date in accordance with the "standard for the payment of fees within the insurance business regulations" set by the company.

Paragraph (2) The defendant company shall fully explain the criteria for the payment of fees under paragraph (1) to the designer at the time of the conclusion of this contract and obtain the consent of the designer.

When the defendant company intends to change the criteria for payment of fees, it shall give notice of the scheduled change at least one month prior to the scheduled date of implementation, hear the opinions of the designer, and reflect it in a reasonable manner.

Article 11 (Matters to be Observed by Designer) A designer shall faithfully perform the following matters:

In performing the affairs entrusted under subparagraph 1, the relevant Acts and subordinate statutes, such as the Insurance Contract Act (Commercial Act), the Insurance Business Act, the Insurance Business Supervision Regulations, and the defendant's relevant regulations and guidelines shall be observed.

Article 13 (Termination of Entrustment Contracts) Paragraph (1) Designer may request in writing, at any time, the termination of the commissioned contract, and the defendant shall complete the termination procedure within one month from the date of receipt of such request, unless there is good cause.

Paragraph (2) shall be notified in writing to a designer even during the period of commission contract in any of the following cases:

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