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(영문) 서울중앙지방법원 2014.02.06 2013가단89158
미지급 수당
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion is the cause of the claim in this case. The contract service fees are paid monthly when the insurance solicitor receives insurance premiums in consideration of the management of the insurance contract. However, it is unfair that the defendant paid insurance premiums in 13 times to 12 times without paying contract service fees for the period from the first time to the 12th time. Thus, the defendant asserts that he is liable to pay to the plaintiff 30 million won and delay damages as part of contract service fees for the insurance contract managed by the plaintiff from 2002 to 2008 (hereinafter "the first year").

2. We examine the following circumstances, which are acknowledged as comprehensively considering the overall purport of arguments in the statements in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, and evidence Nos. 3 through 7, i.e., ① the plaintiff was commissioned as an insurance solicitor of the defendant on Nov. 5, 2002 and was dismissed on Nov. 20, 2008 when performing activities such as solicitation of policyholders and maintenance of insurance contracts. ② The defendant's fees to be paid to the insurance solicitor of the insurance company (the amount that the insurance company pays to the insurance solicitor of the insurance company is called "amounts" or "fees"; hereinafter in this case, referred to as "the guidelines of this case"), under the FC Fee Payment Guidelines (hereinafter referred to as "the insurance solicitor fees") which provide for the fee payment to the insurance solicitor of the insurance company under the premise that the insurance solicitor will maintain insurance contracts for two years following the new contract solicitation, and the "insurance solicitor fees" are paid up to 20 years prior to the second insurance contract (the second insurance contract management period).

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