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(영문) 서울중앙지방법원 2020.07.08 2019가단5104931
채무부존재확인
Text

1. On January 31, 2019 between the Plaintiff and the Defendant, the Plaintiff against the Defendant based on the termination of the commission contract between the insurance solicitor and the Defendant.

Reasons

1. Facts of recognition;

A. On January 6, 2018, the Plaintiff, an insurance solicitor, entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the Defendant, a company aimed at various insurance sales agencies, etc., and served as an insurance solicitor belonging to the Defendant from January 10, 2018. On January 31, 2019, the said commission contract was terminated upon the Plaintiff’s request.

According to the instant commission contract, "FP qualification and allowances" are governed by the insurance business regulations of the company, and no allowance is paid after the dismissal of FP qualification (Article 2.1.).

B. The Defendant’s insurance business regulations include the following:

Ⅱ The FP Allowances Payment Criteria;

4. Livelihood stability allowances;

(b) Accumulation of financial resources and additional payments (1): Accumulation of allowances in the company as a livelihood stabilization allowance after deducting 5% of the total amount paid per month from the FP allowances;

(2) Additional payments made by a company: 15% of the amount paid, excluding the amount to be recovered (amount to be recovered, etc.) out of the amount to be accumulated in the company for at least 13 months, shall be paid additionally by the company.

Provided, That additional payments shall not be made for the amount accumulated in the same month.

(1) The payment date of the remaining livelihood stabilization allowance: The company shall be paid within 15 days at the request of the person concerned after six months of the FP dismissal or status conversion (replacement, etc.).

(2) Amount to be paid: The amount to be recovered from the total amount of accumulated livelihood stability allowances which was accrued until the date of payment shall be deducted and paid.

Ⅲ. Restitutional rules and rules;

1. Criteria for recovery of undeveloped contracts: To recover a certain portion of the fees substantially prepaid, regardless of the name of the fees, according to the failure to maintain the contract (e.g., invalidation, invalidation, cancellation, and reduction);

Where a performance allowance is divided, the result of recovery in calculating the result of settlement conversion shall be applied the same as that of the general product, but no additional performance allowance shall be recovered.

When a restoration is made, the results of restoration shall be added to the result of settlement conversion, and the remaining performance allowances shall be added from the effective time to the arrival time.

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