(영문) 서울남부지방법원 2019.12.10 2018가단23968

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(영문) 서울남부지방법원 2019.12.10 2018가단23968

채무부존재확인 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On August 30, 2016, Plaintiff A is a D Co., Ltd. at the time of the Defendant who runs an insurance business.

Between B and B, the Plaintiff entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the content that the Plaintiff would serve as the Defendant’s insurance solicitor.

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, it shall be deemed that the company or designer automatically has been renewed for one year under the same conditions, except where the company or designer has no intention to engage in the contract and has notified the other party in writing not later than one month before the contract expires.

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;

C.2 At the time of the conclusion of this Agreement, 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. Where the designer intends to terminate the present contract, he shall notify the Company in writing of the intention of termination;

Company shall terminate

agency.

유사 판례

-서울남부지방법원 2018.07.27 2017가단226166 (1)

-서울남부지방법원 2015.05.21 2014가단227588

-서울중앙지방법원 2018.02.21 2016가단139764

-서울중앙지방법원 2019.10.24 2018가단5224043

-서울남부지방법원 2013.10.01 2012가합15115