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(영문) 서울중앙지방법원 2018.06.28 2017가단75485
채무부존재확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 2016, the Plaintiff entered into a contract with the Defendant for the commission of insurance solicitors (hereinafter “instant commission contract”).

The main contents of the criteria for payment of fees included in the appointment contract of the above insurance solicitor and the contents of the contract shall be as follows:

Article 2 (Status of Designer) (3) A designer shall be subject to the company's regulations and guidelines (hereinafter referred to as "business regulations") related to a commissioning contract, except as otherwise provided in this contract.

“......”

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

(2) Where fees to be incurred in the future are paid in advance under the condition that an insurance contract may continue to be effective, apart from paragraph (1), the designer shall return the advance payment to the company for the portion not maintained and managed.

Article 11 (Restriction on Principal and Family Contracts) (4) Where a principal and family contract has not been maintained up to 25 times, the designer shall refund all the fees received from the company, regardless of whether the designer was negligent or not, and the payment criteria for fees.

Main points of standards for fees

2. The composition of fees and the number of fees refunded.

(a) Where an insurance premium is not paid in advance on condition that the insurance premium is to be paid in full after the recruitment of a contract, if the contract is not maintained during the terms and conditions due to the termination, invalidation, etc. of the customer's contract, the insurance premium is not paid in advance.

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