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(영문) 서울고등법원 2017.04.13 2016나2044590
채무부존재확인
Text

1. Of the judgment of the court of first instance, the portion of the claim for the confirmation of existence of the obligation and the payment below are to be made below.

Reasons

1. Facts of recognition;

A. The defendant is a company whose purpose is life insurance business under the Insurance Business Act, Type 3 insurance business, and related insurance business, and the insurance solicitors belonging to the defendant are branch offices (BM) and temporary branch offices of the business family branch offices.

It consists of class structure of superior insurance solicitors (Field Mager, Field Mager, general insurance solicitors (hereinafter referred to as "FC").

B. On June 10, 2013, the Plaintiff entered into a commissioning Agreement with the Defendant and B Team on the terms of working as PBM (hereinafter “instant commissioning Agreement”), and entered into the instant commissioning Agreement (attached Form 1) guidelines for the payment of fees attached thereto.

The main contents of the criteria for the commission contract of this case and the payment of the fee of this case are as follows.

Article 3 (Period of Contract) (1) The contract term of this contract shall be one year from the date of conclusion of this contract.

2. Except where the company or PBM notifies the other party in writing not later than one month prior to the expiration date of the contract that there is no intention to extend the contract, this contract shall be deemed automatically renewed for one year under the same conditions.

Article 6 (Payment, etc. of Fees) (1) Upon the conclusion of this Agreement, the Company shall set forth in the main text of the commission contract or the documents attached thereto and give full explanation thereof and obtain consent from the PBM.

(2) PBM fees shall be paid within the fixed date pursuant to [Guidelines for Payment of Fees] set by the company, except in extenuating circumstances.

(3) A company shall include specific methods by which PBM can peruse guidelines for payment of fees in the main sentence of a contract or accompanying documents, and shall allow PBM to peruse the details of his/her allowances through the internal computer network on a regular basis.

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