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(영문) 서울고등법원 2016.01.14 2013나52501
채무부존재확인
Text

1. The judgment of the first instance court, including the claim extended by the Plaintiff (Counterclaim Defendant) in this court, shall be modified as follows.

Reasons

【Evidence Nos. 1, 4, 5, 7, 13, and 14 (including the number of pages; hereinafter the same shall apply) of Evidence Nos. 3, 4, 5, 7, 13, and 14, which are commonly premised on the principal lawsuit and counterclaim, and the purport of the whole pleadings.

A. On February 1, 2011, the Defendant changed the name of the Defendant from the “New Bathrooms Life Insurance Co., Ltd.” to the company running the insurance business and the asset management business.

The Plaintiff worked as an insurance solicitor for 28 years. On June 18, 2008, the Defendant’s PA was commissioned by the Defendant’s insurance solicitor and individual agent, and performed the insurance solicitor’s duties. Of the commission contracts entered into between the Plaintiff and the Defendant (hereinafter “instant commission contracts”), the provisions on the status of the person to be commissioned, 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 is fully responsible for paying allowances under paragraph (1) to the PA.

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