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(영문) 서울고등법원 2016.02.03 2015나2021460

보수지급청구 등

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1. All appeals filed by Plaintiffs (Counterclaim Defendant) and Plaintiff D are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On May 2, 2012, May 2, 2012, May 2, 2012, 2002, the date of dismissal of the Plaintiff’s class Nos. 1 AFSR between the Plaintiffs and the Defendant: (a) on April 30, 2012, the Defendant entered into an appointment contract with the Plaintiffs as an insurance solicitor selling the Defendant’s insurance products on the date of commission indicated in the table “the date of commission” as indicated below; (b) on the date of dismissal, the Defendant terminated each of the appointment contract on the date of dismissal as indicated in the table “the date of dismissal” as indicated in the table “the date of dismissal.” (c) The Defendant renewed each year, and terminated each of the appointment contract on the date of dismissal.

(hereinafter referred to as "each of the instant commission contracts, including a renewed commission contract). The classes of insurance solicitors belonging to the Defendant are classified into FSR, a general insurance solicitor, FM, a team leader-class designer, and AM (Field Master). The classes of the Plaintiffs are as indicated in the “class” column of the same Table.

B. Defendant’s remuneration provision 1) The Defendant’s bylaws with the name “Agency Joint Compensation Manual” (hereinafter “instant remuneration provision”)

Based on the foregoing, remuneration for insurance solicitors belonging to the Defendant is paid. The main remuneration for insurance solicitors is ① sales commission received in return for the sale of insurance products, ② performance rates paid additionally in accordance with the sales performance of insurance products (hereinafter “PB”).

(3) the maintenance incentive which is additionally received according to the existing rate of maintenance of the insurance product sold ("Persist," hereinafter referred to as "PI").

(2) Of the Defendant’s instant remuneration regulations, the Defendant’s “the manual for compensation in wartime” is applicable in April 2012 through May 2012, 2012, which was dismissed by the Plaintiff A and B. In the event that there is a refund SC as of the end of the month immediately preceding the dismissal of the insurance solicitor, the amount calculated by applying the average of the annual PB calculation rate is recovered, and the termination, invalidation, and up to six times until six months after the dismissal of the insurance solicitor.