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(영문) 서울남부지방법원 2019.09.06 2018가단214214
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. The Plaintiff and the Defendant’s relationship 1) around July 26, 2016: (a) the Plaintiff entered into an appointment contract with the insurance solicitor of the Defendant Company and worked in the drawing branch of the Defendant Company; (b) the commission contract was drafted at the time, stating that “the designer may terminate this contract at any time. In the event the designer wishes to terminate this contract, he shall notify the company in writing; (c) the company must complete the termination procedure within one month from the date of receipt of the request for termination; (d) while the Plaintiff was working in the conversion into the SM Mal Maler, the Defendant Company closed the drawing branch as part of the branch merger procedure; and (e) around July 26, 2017, the Defendant Company signed an application to terminate the contract, stating that “the son himself has resigned due to personal circumstances, dismissed, and submitted the application to the Defendant Company for termination; and (e) accepted the Plaintiff Company’s application for termination.

B. At the time of the commission agreement between the Plaintiff and the Defendant, the Plaintiff agreed to pay and recover fees according to the “Commission payment criteria”. The main contents of the Defendant Company’s “Commission No. 3” (Evidence No. 3) are as follows. Of these, the redemption standard is to recover 100% of the amount already paid at the time of dismissal within the six months (M) in the case of basic fees (M), and to recover 35% of the total amount already paid at the time of dismissal within the 8 to 13th month (FP) in the case of settlement support fees (FP).

◎ 구 정착지원수수료 지급대상 : 1~18차월 경력 또는 신인 환수 : 8~13차월 이내 해촉 - 기지급 총액의 35% 환수 ◎ SM 수수료 신계약비례수수료 △ 지급대상 : 위임 1차월 이상 SM △ 환수 - 팀 FP(탈락 FP 포함)가 모집한 신계약이 18회 이내 미유지된 경우, 기지급된 신계약비례수수료(익월지급분)을 환수 - 환수금액...

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