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(영문) 광주지방법원 2015.03.31 2014가단521816

채무부존재확인

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 September 24, 2012, the Plaintiff entered into a contract with the Defendant for commission of insurance solicitors. The main contents of the said contract are as follows.

[Commission Contract] Article 6 (Payment of Fees, etc.) (1) Company shall pay the designer's fees in accordance with the payment criteria set by the Insurance Business Guidelines set by the Company within the fixed date.

(2) Where any ground for recovery provided for in the attached agreement on the standards for the payment of fees arises, a company may recover all or part of the fees already paid in accordance with the "agreement annexed to the standards for the payment of fees".

(3) When concluding this contract, the company shall fully explain the standards for payment of fees under paragraph (1) to the designer and obtain his/her consent.

Article 17 (Financial Guarantee) (1) A designer shall purchase surety insurance exceeding the amount determined by the company at the same time as this contract is concluded.

B. At the time of the conclusion of the above commission contract, the above contract was accompanied by “the minimum standard for payment, recovery criteria and qualification maintenance” containing the contents of “the special settlement support fee shall be calculated by deducting each month from the accumulated amount of the increased amount of the loan, and the settlement support fee shall be calculated by adding up the settled amount of the settlement support fee due to early dismissal,” and at the end of the above document, the document stated that “I confirm that I would have been aware that I would have heard sufficient explanations from the company through separate curricula about the major contents of the above commission payment, redemption criteria, and the minimum standard for qualification maintenance, and that I have consented thereto.” The plaintiff stated the name of the principal in the above document and signed next thereto.

C. According to the Defendant’s 2012 GFC’s 2012 GFC’s insurance business guidelines classification and payment criteria for Chapter 3 fees, the Defendant is an excellent person who is highly likely to grow into high efficiency GFC and is expected to engage in long-term activities.