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(영문) 서울중앙지방법원 2017.09.21 2017가단5020169
채무부존재확인
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant and the Plaintiff (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. Basic facts

A. A. On January 2015, the Plaintiff was commissioned as an insurance solicitor selling Defendant Empler’s insurance products, and was dismissed on November 24, 2015 when performing the duties of mediating the conclusion of an insurance contract.

B. On January 7, 2015, the Plaintiff entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with Defendant Elass (hereinafter “instant commission contract”). The content relating to the instant case is as follows.

Article 6 (Payment of Fees) ① Company shall pay the designer’s fees within the fixed date pursuant to the “Standards for Payment of Fees within the Business Regulations” (hereinafter referred to as the “Standards for Payment of Fees”) set by the Company, and shall make the details available for the designer’s regular perusal on the company’s computer network.

2. Upon entering into an entrustment contract, the Company shall fully explain to the designer the payment criteria for the instant fee and obtain the consent of the designer.

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer has been returned to the contractor due to the invalidation, cancellation, cancellation of order, etc. under the terms and conditions of the product and Acts, the company shall not pay any fees related to the relevant contract in accordance with the standards for payment of fees, and the designer shall return the fees already paid to the company by establishing the insurance

(2) Where fees to be incurred in the future are paid in advance on condition that an insurance contract may continue to be effective separately from subparagraph (1), the designer shall refund the advance payment to the company for the portion not maintained and managed.

(3) In addition to paragraphs (1) and (2) of this Agreement, if the designer terminates or is dismissed from the Company within the period of time after receiving the assistance, he shall return to the Company the penalty in accordance with any separate provision of the Company.

4. Paragraphs (1) through (3) above continue even after this Agreement is terminated.

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