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(영문) 서울중앙지방법원 2017.04.25 2015가단203293
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around January 2013, the Plaintiff entered into a contract with the Defendant to commission the Plaintiff as an insurance solicitor. From February 15, 2013, the Plaintiff was dismissed on April 30, 2013 while serving as an insurance solicitor.

B. At the time of commission contract, the Plaintiff signed and sealed the “Guidelines for the Payment of Fees in Attached Form to the Contract,” which stated the criteria for the payment of fees at the time of commission contract, and separately stated the “written confirmation of important matters under the Guidelines for the Payment of Insurance Solicitors Fee” in the Defendant’s letter and signed and sealed it.

The main contents of the above important documents are as follows:

1. The Company (Defendant) shall recover the company’s advance payment of the insurance premium for two years under the premise that the insurance premium for the second year under an insurance contract concluded by the FC is paid normally, and if the insurance premium is not paid continuously due to such reasons as invalidation, cancellation, termination, etc., the amount of the advance payment for two years yet to elapse from among the fees paid.

(3) The amount calculated by subtracting the initial settlement commission I and one million won among Class II paid by the new FC in the month of commission in accordance with the guidelines for the payment of fees shall be subtracted from the standard amount of the revenue stabilization commission from 13 months of commission.

If a person who has received the relevant fee before the appointment 13 months has been dismissed, the relevant amount shall be subtracted from the standard amount of the fee for stabilizing the import in the following month.

[차감금액 = (초기정착수수료Ⅰ 초기정착수수료Ⅱ)-100만 원] *단, 초기정착수수료Ⅰ을 수령하지 않았을 경우에는 전액 차감 ④ 상기 2, 3항과 같은 환수 과정에도 불구하고 미환수 잔액이 있을 경우 FC와 연대보증인은 지체 없이 회사에 미환수 잔액을 변제하여야 한다.

This content will continue even after the FC has been dismissed.

C. The Defendant paid KRW 4,00,000 to the Plaintiff in advance under the pretext of the initial settlement support fee. However, upon the Plaintiff’s dismissal, the amount of the Plaintiff’s total 3,120,265 won (BP) -450,310 won.

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