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(영문) 부산지방법원 동부지원 2017.01.18 2016가단201809
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 13, 2014, the Defendant is a juristic person running an insurance business, and the Plaintiff entered into a commission contract with the Defendant to serve as an insurance solicitor (hereinafter “instant commission contract”), and thereafter, served as the Defendant’s insurance solicitor by September 30, 2015.

B. The Defendant’s “important matters on the AAAA fee standards and written confirmation of education” are as follows, and the Plaintiff signed the said written confirmation at the time of the instant commission agreement.

- Method of payment of fees (DC)

(a)DC arising from the solicitation and maintenance of new contracts shall be paid in the form of advance payment (50%) and installment (50%) for the first year of recruitment, and shall be paid in full in the second to third years;

(b)prepaid payments will be made in advance on the 12th following the month following the recruitment month under the premise that the new contract solicited by the designer is maintained normally for the first year.

Therefore, when a recruitment contract that forms the basis for the payment of fees has been invalidated, terminated, or cancelled (including cancellation of an order) and the company has returned the premium already paid to the policyholder, the company shall recover all the fees paid in relation to the recruitment contract when the recruitment contract is terminated or terminated within the 12th month from the beginning of the first year (the termination of the contractor's voluntary termination, etc.).

- Method of recovering fees

A. In the recovery of fees, the Company may first recover the recovered amount from the fees to be paid in the month of recovery.

B. The above A.

Notwithstanding the process of recovering fees under paragraph (1), if there is a unpaid balance, the designer shall immediately pay the unpaid balance to the company at the same time as the dismissal, and if the designer fails to pay it, the company may claim the unpaid amount through the security right established on the claim (return of fees), the guarantee insurance, etc.

(c) The duty of return of the designer’s fees shall remain effective even after the termination, etc. of the commissioning contract.

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