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(영문) 서울중앙지방법원 2018.11.08 2018가단5009732

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a life insurance company running the insurance business. The Plaintiff is a person commissioned as the Defendant’s insurance solicitor on November 10, 2009 and performed the solicitation and management of insurance, and was dismissed on January 1, 2018.

B. Details of commission contract, etc. and Plaintiff’s work progress 1) On November 10, 2009, the Plaintiff determined the commission fee with Defendant as follows (hereinafter “instant commission contract”).

The Defendant’s insurance business guidelines (hereinafter “insurance business guidelines”) was concluded, and the Defendant’s insurance business guidelines (hereinafter “insurance business guidelines”).

Article 6 (Payment of Fees, etc.) (1) of the terms of a commissioning Agreement provides that the Company shall meet the criteria for the payment of fees under the Insurance Business Guidelines established by the Company (limited to the criteria for the payment of fees under Chapter 1 in the Insurance Business Guidelines; hereinafter referred to as “standards for the payment of fees”).

(3) At the time of the conclusion of this contract, the Company shall fully explain the criteria for the payment of the fees under paragraph (1) to the designer and obtain the consent of the designer. On 209, the Company shall pay the contractor 30% of the contract management increase (the amount of the contract payment to be paid to the solicitor (FC; FC; hereinafter referred to as “maintenance fee”) as compensation for the business activities of the insurance solicitor (FC) in accordance with the new contract and the fee for the maintenance contract (hereinafter referred to as “maintenance fee”) in 200, the amount of the contingent fee under the new contract shall be calculated on a monthly basis in accordance with the monthly conversion and maintenance rate for each insurance solicitor.

(c) The dismissal of an insurance solicitor for the payment of fees to the dismissed insurance solicitor shall be made only once a month before the dismissal.