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(영문) 서울중앙지방법원 2019.10.11 2018가단5208119
채무부존재확인
Text

1. The amount to be recovered KRW 31,470,732 based on the delegation contract concluded on December 1, 2016 between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. On December 1, 2016, the Plaintiff entered into a delegation agreement with the Defendant (hereinafter “instant delegation agreement”) and entered into a contract for the commission of insurance solicitation on December 23, 2016.

B. Of the Rules on the Payment of Fees for Bager (hereinafter “the Rules on the Payment of Fees”) that form part of the instant delegation contract, the contents related to the instant case are as follows:

Article 6 (BM Support Fees)

1. The Company shall pay support fees in accordance with the standards for achievement achievement of branches NAFYC (the same as those for branch offices in Article 4 BM management) and the “payment rate according to the rate of branch maintenance (the same as that for branch offices in Article 7 BM long-term activity promotion)” for the nine months based on the BM delegation month (or month commissioned as BM).

5.The subsidy shall be paid in 12 months in installments, if the last settlement is calculated by the following formula after the last settlement is made in the NAFYC at the NAFYC at the cumulative point of the contract recruited during the period from the MF delegation month (or the month commissioned as BM) to the nine months.

If a person is dismissed before the last settlement of the December based on the month of delegation (or month commissioned as BM) of BM, it shall be paid in installments after the settlement of three months including the month in which he/she is dismissed in installments for a period of 12 months.

Provided, That if a person is dismissed during the period from the 10th to the 12th month, the final settlement shall be made in the 12th month, and it shall be paid in installments for 12 months, and it shall be paid only in cases

The final settlement = (total available amount of support fees 】 achieving rate ("A") 】 payment rate based on the rate of branch maintenance) - - subsidies fees already paid = NAFYC cumulative at the point actually achieved until September 1 = NAFYC cumulative / a separate rate of payment according to the rate of branch maintenance" under the final settlement of accounts, as assessed in the month following the final settlement of accounts.

§ 9. BM Proboss: BM support.

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