(영문) 서울중앙지방법원 2018.03.30 2017가단20867

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(영문) 서울중앙지방법원 2018.03.30 2017가단20867

수수료 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 12, 2012, the Plaintiff was commissioned as the Defendant’s insurance solicitor, and served in the Gangseo-gu Seoul Metropolitan Government “D Branch” located in the Defendant’s branch (hereinafter “instant branch”) and was dismissed on June 8, 2015.

[Reasons for Recognition] Gap evidence No. 1 and Eul evidence No. 1

2. The defendant's assertion that the plaintiff's insurance contract was concluded during the period when the plaintiff had worked, the defendant shall pay 11,463,346 won (life insurance 7,410,665 won, non-life insurance 4,052,681 won) at the fee for customer management after the plaintiff was dismissed, and the defendant shall pay 15,285,596 won with other unpaid fees (3,400,000 won for children's scholarship 15,285,596 won with other unpaid fees.

3. Determination

A. In full view of the overall purport of oral arguments with respect to the claim for customer management fees after dismissal, Article 7(4) of the Insurance Solicitors Commission Agreement concluded between the Plaintiff and the Defendant provides that “if an insurance solicitor is dismissed halfway due to the termination, etc. of this Agreement, the company shall not pay all performance fees, including customer management fees, after the date of such dismissal.” Article 7(1) provides that “the company shall pay or recover fees to the insurance solicitor under the conditions as prescribed by the Guidelines for the Payment and Redemption of Fees,” and Article 3(2)1 of the “Guidelines for the Payment and Redemption of Fees” provides that “the customer management fees shall not be paid after the date of dismissal or termination,” and it is recognized that the Defendant paid all relevant performance fees by the date of dismissal of the Plaintiff with respect to the insurance contracts concluded before the dismissal of the Plaintiff.”

Therefore, it cannot be said that the defendant is obliged to pay the customer management fee after the dismissal of the plaintiff pursuant to the above terms of the commission contract, etc.

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