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(영문) 서울중앙지방법원 2019.08.16 2018나82368

구상금

Text

1. The plaintiff's appeal is dismissed.

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

3. The purport of the judgment of the court of first instance is to be stated.

Reasons

1. Basic facts

A. On November 20, 2015, F Co., Ltd. (hereinafter “F”) entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the network G (hereinafter “the deceased”) and commissioned the deceased as F’s insurance solicitor. The main contents of the instant commission contract are as follows.

Article 3 (Term of Contract) The term of this contract shall be one year from the date of commission.

except where the company or designer notifies the other party in writing not later than one month prior to the expiration date of the contract that there is no intention to extend the contract, it shall be deemed to have entered into the same contract for one year.

Article 6 (Payment of Fees) (1) A company shall pay the fees of a designer within the fixed date in accordance with the standards for payment of fees within business regulations determined by the company, and make the details thereof available to the designer for regular perusal at the internal computer network.

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer is returned to the contractor due to the invalidation, cancellation, cancellation, cancellation, etc. of the contract under the terms and conditions of the product and Acts, the company shall not pay any fees related to the relevant contract in accordance with the standards for payment of fees, and the designer shall refund the fees already paid to

(2) In addition to paragraph (1), where a designer receives fees to be incurred in the future on condition that an insurance contract may continue to be effective, he/she shall refund the advance payment for the portion not maintained and managed to the company.

(3) If a designer terminates or is dismissed from a contract within a period after he/she received support, in addition to paragraphs (1) and (2) from the company, he/she shall refund the penalty specified by the company to the company.

4. Paragraphs 1 to 3 above are above.