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(영문) 서울중앙지방법원 2014.09.01 2014가단220
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 11, 2011, the Plaintiff entered into a contract with the Defendant (FC) and the insurance solicitor (FC) commission (hereinafter “instant contract”). The main contents are as follows.

Article 12 (Minimum Criteria for Maintenance of FC Status) ① Company may establish the standards for continuing the entrustment of insurance solicitation (hereinafter referred to as “minimum standards for maintenance of FC qualification”) by FC and shall specify and obtain consent from FC.

(2) 'Minimum Criteria for Maintenance of FC Qualifications' may be established by sales channels for the results of new insurance solicitation, the results of maintenance of insurance contracts solicited, etc., and unilaterally may not be applied to specific FC only.

Article 13 (Termination of Contract) (2) A company may terminate a commissioning contract with written notice to the FC even during the period of commissioning contract in any of the following cases:

10. In a case where the FC solicitation performance falls short of the “minimum standards for FC qualification”, Article 14 (Procedure for Termination of Contract) ② In a case where a company falls short of the “minimum standards for FC qualification maintenance” and the company terminates the commissioning contract, it must notify the relevant FC that the contract falls short of the “minimum standards for FC qualification maintenance” by 20

(3) Where a company terminates a commissioning contract except where the FC is subject to grounds for cancellation of registration under the Insurance Business Act, it shall give the FC an opportunity to vindicate and determine whether to terminate the commissioning contract.

(4) Where a company intends to terminate a commissioning contract, it shall send a postal item verifying the contents of the notice of termination of the commissioning contract, to the final address notified by the FC prior to 15 days.

B. The instant contract is accompanied by the attached Form on the “Guidelines for Payment of Fees,” and its content is related to the language interpretation of the standards for payment of fees, the standards for calculation of fees, the standards for payment of FC fees, and the minimum standards for maintenance of FC qualification, and the Plaintiff signed and sealed on the lower part of the above guidelines.

Early settlement commission I, II

(a)Subject: undertaking new FC education;

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