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(영문) 서울중앙지방법원 2016.09.12 2016가단5010882
계속비례수당청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff concluded a contract with the Defendant for commission of insurance solicitors, and retired from office as an insurance solicitor belonging to the Defendant from April 2010 to December 31, 2012.

According to Article 6 (1) of the above commission contract, the defendant shall specify the details of the fee-related provision (such as the composition items, calculation method, and specific payment method) in the attached documents of the commission contract when concluding the commission contract, and shall sufficiently explain it to the plaintiff and obtain the consent of the plaintiff.

B. Accordingly, at the time of the above commissioning Agreement, the original Defendant entered into an annexed agreement on the criteria for the payment of fees, and the said agreement provides for the items of the commission and the methods for the payment of fees as follows:

(However, since the 2013 Fiscal Year, the rate of fees for the collection of gold accounts under Article 3(4)2 below was changed from 50% to 30%) ① Fees are composed of proportional fees, performance fees, and prize policy expenses.

(2) The proportional fees shall be paid according to the payment rates by type of insurance against received premiums within the limits of estimated business expenses for each product, such as general, long-term, automobiles, and retirement.

(3) Performance fees shall be comprised of sales performance-related fees, fees related to new persons, executive-related fees, and welfare-related fees, etc.

(4) The expenses for awarding policies shall be paid according to the standards for awarding prizes for the headquarters, the business division, and the branch in order to actively cope with changes in the business environment in order to encourage a designer to engage in activities

Article 3 (Method of Payment of Fees) (4) Dismissal of a person subject to business suspension and the payment of fees to such person.

1. With respect to a person dismissed or suspended from his/her service as of the payment date, fees shall be paid as a site;

Provided, That the proportional fees for the insurance premiums that the principal is entitled to receive before dismissal or suspension of business shall be paid.

2. In cases of dismissal and collection, a proportional fee shall be paid to the gold collector.

However, the collection of the long-term insurance first year (including dismissal or termination) shall be made to the gold collector.

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