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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is the Seoul Guarantee Insurance Co., Ltd.
Reasons
The principal lawsuit and the first and second counterclaims shall be deemed to exist together.
1. Basic facts
A. 1) On April 21, 2015, the Plaintiff was commissioned as an insurance solicitor of the Defendant Company (hereinafter “instant commissioning contract”) (hereinafter “instant commissioning contract”).
After being dismissed on October 14, 2015, the Defendant’s insurance solicitor was active as of October 2015. 2) Of the instant commissioning contract and the Defendant’s fee provision, the content relating to the collection of fees (hereinafter “instant fee refund provision”) is as follows.
[Article 6 of the Commission Agreement] 1 The Company shall pay the fees of the designer within the fixed date in accordance with the “Commission Payment Rules” set by the Company. 2) Upon the conclusion of this Agreement, the Company shall explain to the designer the “Commission Rules” referred to in paragraph 1.
4) The designer shall return the fees already paid to the company in accordance with the Company’s regulations upon occurrence of a non-maintenance contract, such as cancellation, termination, termination, etc. of the insurance contract. 5) The designer agrees to the exercise of the right to reimbursement under the guaranteed insurance policy and other legal measures equivalent to the other bonds, obligations, and any liability for such failure shall be owed to the designer.
6) Even after the termination of this contract, the designer shall return to the Company the amount of fees recovered in accordance with the terms and conditions prescribed in the Regulations on Payment of Fees, and the designer shall fully be aware that the termination of this contract is not exempt from the liability to recover the fees. 7) No all the fees incurred after the termination of this contract and the cancellation of the designer’s code shall be paid.
【Regulations on Refund of Fees of this case】
6. Non-Maintenance Exclusion and Redemption Rate 1): Termination, invalidation, reduction, cancellation, gift reporting, and gift exchange contract; calculated formula: first installment payment (pre-payment) x number of times applying non-Maintenance 3 unMaintenance : handbook - UnMaintenance : 13 times until unMaintenance : 2 times the unMaintenance ;