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(영문) 서울중앙지방법원 2017.09.12 2016가단53686
채무부존재확인
Text

1. The obligation to refund fees under the commissioning Contract dated January 28, 2013 between the Plaintiff and the Defendant is KRW 7,726,411.

Reasons

1. Facts of recognition;

A. The defendant concluding a contract of insurance solicitor commission is a company that concludes an insurance solicitor entrustment contract with life insurance companies or non-life insurance companies and carries on the insurance agency business.

(F) In the industry, the Plaintiff entered into a contract with the Defendant on January 28, 2013 for commission of insurance solicitors (hereinafter “instant commission contract”), registered as the GFP of the Defendant’s branch offices until June 25, 2014, and received solicitation fees, etc. based on the results.

B. Article 7 of the instant commissioning Agreement provides that the Defendant shall pay or recover the fees, as provided in the Guidelines for Payment and Redemption of Fees, which are annexed agreements, to the Plaintiff.

The main contents of the Guidelines for Payment and Redemption of Fees (hereinafter referred to as the "Guidelines") shall be as follows:

Article 1 (Composition of Fees) (1) Fees that a company pays to an insurance solicitor shall be comprised of:

1. (1) Solicitation fees: 2) Maintenance and management fees;

2. Fees for the evaluation of activities (for example);

3. (1) The head office fee for policy support 2) the branch office policy support fee for the branch office (2) Article 4 (Responsibility for Recovery and Refund of Fees) 1 The insurance solicitor must, without delay, refund the performance-based fee to the company when any of the following events occurs with respect to the fees received by the insurance solicitor from the company:

1. Where an insurance solicitor has concluded an insurance contract solicited under a normal contract but becomes void or terminated or terminated due to non-maintenance (excluding cases where the insurance contract becomes void, terminated or terminated after 13 months have passed since the normal payment of the insurance premium at least 13 times);

2. Insurance contracts solicited by insurance solicitors are deemed to have been incomplete and sold in violation of the quality assurance system;

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