beta
(영문) 서울남부지방법원 2017.09.27 2015가단35731

채무부존재확인

Text

1. The Plaintiff’s fee on February 13, 2015, based on the dismissal of the insurance design contract between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. On December 14, 2012, the Plaintiff entered into a contract with the Defendant Company for commission of insurance solicitors (PA) from that time, and worked as an insurance solicitor at the branch of the Defendant Company by February 13, 2015.

B. The content of the PA channel fee provision (No. 9; hereinafter “instant fee provision”) of the Defendant Company is as follows. The Plaintiff received education on the instant fee provision from the Defendant Company on December 4, 2012, and at the time, included the same content as attached Table 1.

§ 4 (Definition of Terms). (1) The definitions of terms used in this RGP are as follows:

1. DC refers to fees calculated by results arising in the conclusion and maintenance of a new contract;

(c) FYC means the amount obtained by multiplying 12 once by FYC;

Provided, That group products are excluded from the application of FYC, and the lump-sum payment shall be applied by adding 1/10 of the DC to FYC.

(c) FYC = 1 timeDC 】 12 (Temporary PaymentDC ± 10);

(a)Recovery FYC means FYC, which is deducted, where a cause for failure to maintain an insurance contract arises, such as invalidation, termination, cancellation, cancellation of order, transfer, cancellation, or cancellation within 12 months;

Provided, That the FYC of the relevant contract shall be recovered in full, regardless of whether it has been maintained at the time of maintenance for 12 months of the lump-sum payment contract.

[Yec: RestitutionFYC = (FYC ± 12) 】 (12-Maintenance tea)

(b) Reinstatement FYC means a recovery, FYC, for a period of up to 12 months, which has occurred due to reinstatement;

7. NFYC (et FYC) refers to the sum of FYC, obtained by deducting the FYC from the FYC any recovery arising from the failure to maintain any existing recruitment contract, and then resulting from a restoration to the original FYC;

Provided, That group products shall be excluded from the calculation of NFYC.

NFYC = FYC - RestorationFYC (in the event that NFYC is a negative drinking water, carried forward) the calculation and payment criteria for DC Article 6 (DC Calculation and Payment Criteria) shall be as follows:

5. A contract to nullify, terminate, cancel, or withdraw an order;