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(영문) 서울중앙지방법원 2020.11.12 2019가단5009005
채무부존재확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(2) Around October 2016, the Plaintiff entered into a contract with the said Defendant for the commission of life insurance solicitors, which was stipulated from October 1, 2016 to October 31, 2017, with the purpose of running an insurance business under the Insurance Business Act. Around October 2016, the Plaintiff entered into a contract for the commission of life insurance solicitors from October 1, 2016 to October 31, 2017, with the said Defendant’s entrustment from October 21, 2016 to August 14, 2017; and (b) Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter referred to as “Defendant B”) entered into a guarantee insurance contract with the said Defendant with the content of the guarantee insurance (hereinafter “payment guarantee contract”) and entered into a contract with the said Defendant E Co., Ltd. (hereinafter “Defendant C”), the period of insurance company (hereinafter “payment guarantee insurance contract”); and (c) the details of the guarantee insurance contract (hereinafter “payment guarantee payment”).

B. The Plaintiff and Defendant C’s commission contract (hereinafter “instant commission contract”) and detailed operating guidelines 1) among the instant commission contract and insurance business guidelines (hereinafter “detailed operation guidelines”) among the instant insurance business guidelines (hereinafter “detailed operation guidelines”).

The following shall be included:

The term of the contract under Article 3 of the contract for the appointment of a designer shall be one year from the date of conclusion of the contract.

However, it shall be deemed that the company or designer automatically has been renewed for one year under the same conditions, except where the other party has been notified in writing not later than one month prior to the expiration date of the contract.

Article 6 Payment, Redemption, etc. of Fees

1. A company shall pay a designer fee according to the standards for payment of fees within the fixed date;

2. At the time of the conclusion of this Agreement, the Company shall meet the criteria for the payment and recovery of the fees to the designer.

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