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(영문) 제주지방법원 2014.12.23 2013가단13503
채무부존재확인
Text

1. Quality assurance between the Plaintiff and the Defendant on July 20, 2012 between the Plaintiff and the Defendant is terminated according to the commission contract of insurance solicitors.

Reasons

1. Basic facts

A. On July 20, 2012, the Plaintiff was commissioned as the Defendant’s insurance solicitor, and was dismissed on February 1, 2013.

B. Standard 1) Insurance solicitors belonging to the defendant concluded a commission contract with the defendant, and the plaintiff also agreed to receive allowances, such as the following 2).

2) Insurance solicitors are paid insurance solicitation maintenance allowances, promotion allowances, career settlement support allowances, and high-efficiency allowances based on their performance. Where an insurance contract concluded through the insurance solicitor is revoked, the insurance solicitor shall return the full amount of allowances, and where the insurance contract becomes invalidated due to the failure of the insurance policyholder to pay insurance proceeds, the amount calculated by applying the ratio of recovery of non-maintenance discrimination to the invalidated and cancelled contract during the period of the insurance contract solicited by a person whose total maintenance ratio (the ratio of the insurance contract to the total amount of the insurance contracts solicited by the relevant insurance solicitor is not more than twice but not more than 13 times) 2 to 13 times among the insurance solicitors whose work experience is not more than 16 months (the ratio of the insurance contracts solicited by the relevant insurance solicitor to the total number of the insurance premiums paid at least twice but not more than 13 times) is not more than 70%, shall be returned. The ratio of recovery shall be as set forth below:

C. On December 6, 2012, the Plaintiff had six policyholders enter into an insurance contract while serving as the Defendant’s insurance solicitor, and among which, the policyholder B cancelled the insurance contract on the grounds that the Plaintiff, an insurance solicitor, did not receive the insurance clause and the subscription form for storage of the contractor, and the remainder of the policyholders did not pay the insurance premium, and the insurance contract was invalidated.

The details of insurance contracts concluded by the plaintiff, the number of policyholders' payments, and the allowances to be returned by the plaintiff are as follows:

the date of the contract.

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