(영문) 서울동부지방법원 2016.09.09 2016나2293

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(영문) 서울동부지방법원 2016.09.09 2016나2293

채무부존재확인

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1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 10, 2014, the Plaintiff and the Defendant entered into a contract for commission of insurance solicitors (hereinafter “instant contract”). The Plaintiff served as the Defendant’s insurance solicitor from around that time to January 1, 2015.

B. On July 10, 2014, the Plaintiff and the Defendant’s contract for the commission of insurance solicitors (hereinafter “instant commission contract”) signed by the Plaintiff and the Defendant at the time of the instant contract were printed with the following provisions.

Article 6 (Payment, etc. of Fees) (1) A company shall pay the fees of a designer within the fixed date in accordance with the standards for the payment of fees for internal standards for insurance business (hereinafter referred to as "standards for the payment of fees") set by it.

(Omission) Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer is not established due to the cancellation of an application for cancellation of an application, or the effect of an insurance contract is terminated due to such reasons as invalidation, cancellation, cancellation, etc., the company shall not pay any fee, and the designer shall refund all or part of the fees

(2) Matters concerning the refund of other fees shall be governed by the standards for the payment of fees.

C. The main contents of the criteria for the payment of fees attached to the above commission contract (hereinafter “main contents of the criteria for the payment of fees in this case”) are printed as follows.

(hereinafter referred to as “Recovery of Fees 2.1” in the pertinent part of the “Recovery of Fees 2.1.” (hereinafter referred to as “instant provisions on the Recovery of Fees”). Payment and Redemption of Fees 4

1.1. The advance payment of the new contract fees on 1.1. the payment of the fees shall be made in advance in a lump sum on the condition that the premium shall be paid normally at least 18 times, and the advance payment shall be made in installments.

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