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(영문) 부산고등법원(창원) 2016.01.21 2015나291

급료

Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The parties are corporations whose purpose is insurance agencies, etc., and the Plaintiff entered into a commission contract with the Defendant around 2007 to act as an insurance solicitor belonging thereto (hereinafter “instant contract”) and was to act as an insurance solicitor belonging to the Defendant from around that time. On February 14, 2014, the parties were dismissed and retired, and then are currently serving as the insurance solicitor belonging to B and currently serving as the insurance solicitor belonging to B.

B. The instant contract is made up of the terms “A” in the payment of commission for the preparation of the instant contract / [return] This contract is made up of the performance agreement for the payment of commission (return) and the term “A” in the main (hereinafter referred to as “A, the defendant; hereinafter the same shall apply).

Article 3 (Payment of Fees) For insurance contracts concluded by "B (Plaintiff; hereinafter the same shall apply)", "A" shall pay the prescribed fees incurred by the separate "standard for the payment of fees" recognized by both parties.

Article 4 (Refund of Fees) The term "B" shall make every effort to keep the fees paid under Article 3 in the receipt of the relevant insurance contract (revolving discrimination).

Provided, That where the cause for the occurrence of the fee has ceased (including fees paid in advance) due to the invalidation and cancellation, cancellation, cancellation, termination (such as quality guarantee, civil petition, ledger, return, withdrawal, etc.) by 18 times in the relevant contract, and the cause for recovery has occurred, the “B” shall immediately refund the prescribed fee already received to “A” in accordance with the standards for the payment of fees.

Provided, That 150% of the fee for the occurrence of all kinds of quality guarantee shall be recovered.

Provided, That 100% of all kinds of generated allowances shall be recovered in the event that the designer and family contract are not maintained at 18 times.

Article 5 (Financial Guarantee) "B" shall be a financial guarantor required by "A" to sign this Agreement and to faithfully perform this Agreement.