(영문) 서울남부지방법원 2018.07.27 2017가단226166 (1)

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(영문) 서울남부지방법원 2018.07.27 2017가단226166 (1)

채무부존재확인의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 5, 2016, the Plaintiff entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the Defendant who runs the insurance business, and performed the business of soliciting insurance, etc. as the RoM (referring to the Rounder and the insurance solicitor of the Defendant, among the insurance solicitors of the Defendant). The main contents of the instant commission contract are as follows.

Article 2 Status of Designer

1. The designer shall act as an independent businessman with the services entrusted by the Company under this Agreement;

Article 3 The contract term of this contract shall be one year from the date of conclusion of the contract.

However, unless the company or designer 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, the contract shall be deemed automatically renewed for one year under the same conditions.

Article 4 Affairs entrusted by the company to a designer shall be as follows:

1. Brokerage of conclusion of insurance contracts;

2. Incidental business affairs for the maintenance and management of holding contracts;

3. Incidental business for the brokerage of conclusion of insurance contracts, such as the delivery of subscription forms for insurances and insurance policies;

4. Affairs entrusted by the company, which are related to subparagraphs 1 through 3.

5. The payment, redemption, etc. of fees under Article 6 to be additionally entrusted upon a request or consent of a designer.

1. A company shall pay a designer fee according to the standards for payment of fees within the fixed date;

2. At the time of conclusion of this contract, the Company shall fully explain to the designer the criteria for the payment and recovery of the fees under paragraph (1).

7. The recovery of fees and all kinds of subsidies for a designer shall be recovered according to the standards for payment of fees;

Article 13 Termination of Commission Contracts

1. The designer may terminate this contract at any time;

Article 14. Procedure for Termination of Commission Contracts

1. If the designer intends to terminate the present contract, he shall notify the Company in writing of the intention of termination.

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