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(영문) 서울중앙지방법원 2019.12.05 2017가합587534
채무부존재확인
Text

1. The separate list Nos. 1, 2, 5, 6, 8, 10, 13, 15, 17 and 20 of the separate sheet between the plaintiffs and the defendant (Counterclaim plaintiff).

Reasons

[Judgment on the plaintiff's claim] The plaintiffs and the defendant can be acknowledged by taking into account each of the entries and arguments in Gap's 1 through 3, and Eul's 1 through 12 (including each number; hereinafter the same shall apply) as well as the whole of the arguments and arguments, inasmuch as there is no dispute between the parties that the plaintiffs' respective obligations based on the commission contract concluded on the date set forth in the separate sheet Nos. 1, 2, 5, 6, 8, 10, 13, 15, 17, and 20, or there is a benefit of confirmation unless the defendant contests them.

[Judgment on the plaintiff's main lawsuit and the defendant's counterclaim] The main lawsuit and the counterclaim are also viewed.

1. Basic facts

A. The defendant is a corporate insurance agency under the Insurance Business Act, which is a company that sells, maintains and manages insurance products by being entrusted with insurance solicitation business, etc. by many life and non-life insurers, and the plaintiff (Counterclaim defendant) is an insurance solicitor.

B. The Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) entered into a commission contract (hereinafter “former commission contract”) that is commissioned as an insurance solicitor who sells insurance products of each insurance company by belonging to the Defendant, and that is commissioned as an insurance solicitor who sells insurance products of each insurance company. The main contents are as follows.

Article 9 (Rules on Recovery of Fees)

1. In the event of advance payment due to the cancellation, cancellation, invalidation, liability compensation, etc. of a commissioning person and the recovery of related fees, all or part of the fees paid under the relevant agreement shall be recovered from the fees to be paid on the basis of the month of occurrence.

If the amount of fees falls short of the fees to be paid, the company may claim and recover from the guaranteed insurance or the guarantor at an appropriate point of time, and the company shall exercise the right of indemnity.

2. The advance payment due to the cancellation, cancellation, invalidation, liability compensation, etc. of the dismissed and the recovery of the relevant fees.

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