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(영문) 서울중앙지방법원 2015.05.14 2014가합502709
채무부존재확인 등
Text

1. The terms of each contract for the commission of insurance solicitors (FC commission contract) entered into between the Plaintiff and the Defendant A, B, C, D, E, and F.

Reasons

1. Determination as to each claim against Defendant A, C, D, E, F, and H

(a) As shown in the calculation of the restitution fees for each of the above defendants among the grounds for the claim after the modification of the attached Form 1 to the indication of the claim;

(b) Articles 208 (3) and 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against the defendant B

A. Basic facts 1) The Plaintiff is a company whose purpose is life insurance business under the Insurance Business Act, Type 3 insurance business, and related reinsurance business, etc., and Defendant B is a person commissioned as an insurance solicitor of the Plaintiff’s new branch from May 15, 2013 to November 30, 2013 and entrusted with the conclusion of an insurance contract. (2) Defendant B entered into an insurance contract with the Plaintiff on May 15, 2013 for commission of insurance solicitors (FC commission). The terms and conditions of the contract include a provision that the Plaintiff would recover each of the above fees under certain conditions (hereinafter “instant redemption provision”).

The main contents of the restitution provisions of this case are as follows.

FC Commission Agreements (attached Form 2) Guidelines for the Payment of Fees

4. Redemption of fees;

(a) recover the results and fees for failure to maintain the 18th period due to early loss, termination, etc.;

(c) Where a company refunds the fixed-term payment premium to a contractor or compensates the amount equivalent thereto due to the cancellation of order, return, termination of quality guarantee, general termination (violation, etc. of duty of notification), invalidation, cancellation, civil petition termination, etc. after the termination of a new contract, the company shall not pay any fees relating to the relevant contract any longer, and the insurance solicitor shall return the full amount of the fees for

The above contents are summarized as a summary of the Guidelines for Payment of Fee, and detailed contents must be confirmed through the Guidelines for Payment of Fee.

Article 2 of the Guidelines for the Payment of various Fees, 2013, shall be paid by type of fees.

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