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(영문) 서울중앙지방법원 2018.09.19 2017가단5094504
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 13, 2015, the Plaintiff entered into an insurance solicitation commission contract with the Defendant (hereinafter “instant commission contract”) and was commissioned as an insurance solicitor, and was dismissed on February 25, 2016.

B. The instant commission agreement provides that the commission fee paid to the Plaintiff shall be as follows.

Article 6 (Insurance Solicitation Fee) (1) In the course of entering into a commissioning Agreement, the Company shall fully explain the terms and conditions of the Company related to the fees (such as the composition item, calculation method, specific payment method, redemption criteria, etc.) and obtain the consent of the Company (hereinafter referred to as “payment standards”). 3) In the event that the Company intends to change the payment standards of fees, it shall notify the Company of the scheduled change at least one month prior to the scheduled date of implementation and obtain the consent of the MATSPNNNNER.

Provided, That the consent shall be deemed to have been given if the MATSPNNNNNER fails to explicitly express its intention for non-approval from the date of notification to the scheduled date of implementation.

(4) The Company shall notify the Company of any change in the payment criteria for fees without delay through the intra-company computer network or store posting, and make it available for the Company to inspect at all times the changed matters. (C) On December 1, 2015, the Defendant shall pay fees for 2016, which will be changed from February 1, 2016 to insurance solicitors (NO. 2016-4, hereinafter referred to as the “instant provision”).

section 18(FC: FFC) provides for the first recruitment commission. The main contents of the provision of this case are as follows.

1. The initial subscription fee of a new contract shall be calculated by multiplying the initial subscription fee by the rate of the first year specified in the fee table; and

3...

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