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(영문) 서울중앙지방법원 2014.12.16 2014가단84877
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. On March 7, 2013, pursuant to Article 2 of the instant commissioning Contract between the Plaintiff and the Defendant, the Plaintiff performed the duties entrusted by the company under the commissioning Contract as an independent business operator under the relevant statutes, such as the Insurance Business Act, and the rules of employment and all relevant regulations applicable to the employees of the company are not applicable.

On the other hand, Article 4 provides that the entrusted duties provided for in Article 4 are: (1) brokerage of conclusion of insurance contracts; (2) maintenance and management of holding contracts; (3) incidental duties for brokerage of conclusion of insurance contracts, such as subscription forms, insurance clauses and delivery of insurance policies; (4) duties closely related to the above duties; and (5) additional entrusted duties upon request or consent from the Master Plnnn in addition to the duties mentioned above. As such, a contract for commission of insurance solicitation (hereinafter “instant entrusted contracts”) to act as intermediary for conclusion of insurance contracts and to act as maintenance and management of contracts.

(B) The commission contract of this case was concluded. Article 6 of the commission contract of this case provides that the defendant company shall explain to the plaintiff and obtain consent (hereinafter “instant payment provision”).

Article 26 of the Payment Regulations provides that the Plaintiff shall pay the fees to the Plaintiff, and Article 26 of the Payment Regulations provides that the Plaintiff shall pay education allowances and early settlement allowances (MPuby), while Article 27(3) provides that “the amount of early settlement allowances already paid shall be recovered in the event that the Plaintiff is dismissed within one year from the time the Plaintiff was commissioned. In this case, the early settlement allowances except education allowances shall be recovered by 85% from the Plaintiff and 10% from the early settlement allowances at the time of dismissal and 5% from the date of dismissal shall be recovered.”

C. The Plaintiff received a settlement subsidy of KRW 6,100,000 in total from the Defendant in accordance with the instant commissioning contract and was engaged in insurance solicitation as the Defendant’s MP.

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