채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant is a life insurance company that runs the life insurance business. From November 2016 to March 2017, the Plaintiff was commissioned as the Defendant’s SM (manger and insurance solicitor that mainly performs the business of promoting and managing solicitation for FP) and was again commissioned as the FP (insurance solicitor) on March 2017, and was dismissed on August 2017 upon the Plaintiff’s application for termination.
B. At the time of the conclusion of the above commission contract, the payment and redemption of commission agreed to comply with the commission payment standard. The redemption standard is to recover 100% of the amount already paid at the time of dismissal (e.g., dismissal) within 7 months in the case of the basic commission, and to recover 80% of the total amount paid at the time of dismissal within 6 months in the case of the settlement support fee.
On the other hand, the “written consent” portion of the commission contract prepared at the time of the commission contract stipulated as follows: “I, while entering into a commission contract with Hyundai Flap Life Insurance and Designer, I fully explain and understand the major contents of the commission contract and the criteria for the payment of fees from the company, I agree with the fact that I prepared two copies of the commission contract and received copies thereof.” This is the Plaintiff’s own signature.
C. Under the FP Insurance Business Guidelines (Standards for Payment of Fees and Detailed Operating Guidelines), the Defendant paid the Plaintiff KRW 7,500,000,000, in total, as a basic fee from December 2, 2016 to March 2017, and paid KRW 820,446,00, in total, as a settlement support fee. < Amended by Act No. 1400,854, Apr. 4, 2017; Act No. 1419, May 419,592>
On September 26, 2017, the Defendant notified the Plaintiff that the redemption fee of KRW 8,04,385 (the total amount of basic fee of KRW 7,500,000, and the settlement support fee of KRW 820,446,70, and the amount calculated by deducting KRW 29,926, from KRW 574,31, a settlement support fee of KRW 820,446, and KRW 574,31, a settlement support fee of KRW 70,00, which was 70,000, which was 574,311, a settlement support fee of KRW 29,926) was to be refunded
E. The Defendant is against Seoul Guarantee Insurance Co., Ltd. on November 14, 2017.