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(영문) 서울중앙지방법원 2018.05.24 2017가단5133942

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 1, 2016, the Plaintiff entered into a commissioning Contract and Special Agreement with the Defendant Company and served as an insurance solicitor.

B. Article 6 of the commission contract provides that with respect to the payment and restitution of remuneration, Article 12 provides that with respect to the minimum standards for maintenance of C qualification, the commission contract may be terminated if it falls short of the minimum standards for maintenance of C qualification, and the contents thereof are as follows:

Article 6 [Payment of Remuneration, etc.] (1) Company shall pay C's remuneration within the fixed date according to [payment standards] set by the Company.

(2) When entering into this contract, the Company shall fully explain the payment standards for remuneration under paragraph (1) to C and obtain the consent of C.

(3) Where a company intends to change the standards for payment of remuneration, it shall give prior notice of such change at least one month prior to the scheduled date of implementation and obtain C’s consent.

(hereinafter) Article 12 [Minimum Criteria for Maintenance of C Qualification] ① Company may establish the standards for continuing the entrustment of insurance solicitation (hereinafter referred to as “minimum standards for maintenance of C qualification”) and C must comply with the minimum standards for maintenance of C qualification separately set by Company C.

(2) The minimum standards for maintenance of qualifications C may not be applied unilaterally to specific C only.

Article 13 [Cancellation of Contract] (1) C may request in writing to terminate a commissioning contract at any time, and the Company shall terminate the commissioning contract.

The termination procedure shall be completed within one month from the date of receipt of the request.

(2) A company may terminate a contract even during the period of a commissioning contract in any of the following cases:

6. Where recruitment performance, etc. of C falls short of the minimum standards for maintenance of qualifications of C determined by the company.

C. Article 3 of the Special Agreement entered into with a commission contract provides for the payment and recovery of special settlement subsidies (hereinafter “the provisions on the redemption of settlement subsidies of this case”). The contents are as follows.

§ 3. Special.