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(영문) 서울중앙지방법원 2013.07.26 2012가합7408
채무부존재확인
Text

1. The Plaintiff’s obligation to receive allowances following the dismissal of the Defendant on February 1, 201 shall not exceed KRW 300,000,000.

Reasons

1. Basic facts

A. On February 1, 2011, the Defendant changed the trade name from “New Bathrooms Life Insurance Co., Ltd.” to the current name.

On June 18, 2008, the Plaintiff was commissioned by the Defendant’s PA as a general term for insurance solicitors and individual agents belonging to the Defendant, and performed insurance solicitors (FC and Fincisciscisant) duties. Of the commission contract entered into between the Plaintiff and the Defendant (hereinafter “instant commission contract”), the provisions on the identity of the commissioned party, payment of allowances, and restitution are as follows.

Article 2 Status and Division (1) The defendant shall appoint the plaintiff as an insurance solicitor under Article 2 (8) of the Insurance Business Act or an insurance agency under Article 2 (9) as an PA.

(2) The PA as an independent business entity shall perform duties entrusted by the defendant under this Agreement.

(3) The PA shall be classified into FC, Part IV, Part IV, Part IV, and MP according to the details of duties, and each role shall be defined separately.

(4) Where the PA is delegated to, or delegated to, a MP, the PA shall prepare a MFN contract in addition to this contract.

5. The PA shall not be subject to rules of employment and regulations applicable to employees of the defendant.

Article 20 Payment of Allowances (1) The defendant shall pay allowances to the PA in accordance with the Agent Comensedule (hereinafter referred to as “Allowance Payment Standards”) set separately by the defendant, in return for carrying out the intermediation of concluding insurance contracts and duties incidental thereto, to the PA.

(2) Before entering into this contract, the defendant shall fully explain to the PA the payment standards for allowances under paragraph (1) and the PA shall submit written consent to the application of the payment standards for allowances

If the PA does not submit a written consent to the application of the allowance payment criteria, the commission of the defendant is not effective, and the PA can terminate the commission contract.

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