(영문) 서울중앙지방법원 2013.12.31 2012가단329545

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(영문) 서울중앙지방법원 2013.12.31 2012가단329545

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 20, 2011, the Plaintiff entered into a contract with the Defendant for the commission of insurance solicitors (FP and Fincial Pluan (hereinafter “instant commission contract”) (hereinafter “instant commission contract”). On the same day, the Plaintiff signed the instant commission contract’s major contents of the criteria for the payment of fees, which are attached to the instant commission contract.

On the other hand, the main contents of the appointment contract of this case, the criteria for payment of fees, and the criteria for the FB fee of the Plaintiff Company are as follows.

Article 6 (Payment of Commissions, etc.) (1) A company shall pay the fees of a designer within the fixed date in accordance with the payment standards for fees within the standard for insurance business determined by the company.

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

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

The main contents of the criteria for the payment of fees are fees for the recruitment of a designer's new contract recruitment activities, maintenance service activities, organizational management activities, commissioning and training activities of a designer, and shall be comprised of fees for new contract linkage, maintenance contract linkage fees, organization-related fees, and training-related fees.

1. It shall be calculated on the basis of the total monthly beginning and beginning of the effective month of the conversion into a new contract for each designer of the fee to be linked with a new contract;

1.1 The new contract fees shall be calculated by multiplying the initial date of conversion into the new contract per month by the payment rate;

1.2Other fees to be linked to a new contract shall be the amount determined by the Company at the beginning of the last month of the month.

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