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(영문) 의정부지방법원고양지원 2016.05.19 2015가단28237
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On September 5, 2014, the Plaintiff entered into a contract with the Defendant for the commission of insurance solicitors (FP: Manner) (hereinafter “instant commission contract”). Article 6 (Payment of Fees, etc.) of the instant commission contract and the principal commission contract based on the FP commission standard (FP commission, etc.) ① Company shall pay the designer’s fee within the fixed date in accordance with the “standards for the payment of fees within the insurance business standard” set by the Company.

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer is terminated due to the cancellation of an application, or the validity of the insurance contract is terminated due to invalidation, invalidation, cancellation (including a violation of a standardized contract and a duty to deliver a duplicate of an application, a violation of a duty to explain the terms and conditions, a violation of a contractor's duty to write-off, an omission in signature or seal, etc.) or cancellation, etc., the company shall not pay fees, and the designer shall refund all

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

Standards for FP commission

1. Fees for new contracts = The amount to be recovered from the fees for new contracts = The amount to be recovered from the fees for new contracts when the relevant contract is not maintained at the time of failure to maintain the payment of the fees for new contracts, such as the termination, etc. of the advance payment of the fees for new contracts (50%) which has the record of new contracts for the month subject to the advance payment rate 1.1 】 the amount subject to the advance payment: The amount to be recovered from the fees for new contracts 】 (18 months ? the number of months subject to the advance payment ± 18);

5.1 Persons eligible for payment of settlement fees for the first month of commission: The base date of payment for the first month following the month of commission and the following month of commission: The average of the first to the second month of the second month of the following month of payment, the base date of payment for the second month of commission and the settlement grade S1 S2 S3 A1 A2 A3 of Class C of Class C of Class C of Class C of Class C, and the amount of payment for the first million 7 million 5 million 2 million 2 million 1 million 1 million 000,0000 won at the request of the head of the FP branch and the approval of the workplace.

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