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(영문) 서울중앙지방법원 2016.07.26 2016가단5035317
계속비례수당 청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs concluded a contract with the Defendant for commission of each insurance solicitor, and the Plaintiff A from May 1998 to February 2, 2015, and the Plaintiff B from March 2010 to September 2013 to September 2013, respectively, worked as the insurance solicitor belonging to the Defendant.

B. According to the “Annexed Agreement on the Standards for Payment of Fees” contained in a commission agreement concluded between the Plaintiff and the Defendants, the elements of the commission and the method of paying the commission are as follows:

(However, among the plaintiff A and the defendant, the 30% portion of the provision falling under Article 3 (4) 2 below shall be 50%) of the fee component ① the fee shall consist of proportional fees, performance fees, and policy costs.

(2) The proportional fees shall be paid according to the payment rates by type of insurance against received premiums within the limits of estimated business expenses for each product, such as general, long-term, automobiles, and retirement.

(3) Performance fees shall be comprised of sales performance-related fees, fees related to new persons, executive-related fees, and welfare-related fees, etc.

(4) The expenses for awarding policies shall be paid according to the standards for awarding prizes for the headquarters, the business division, and the branch in order to actively cope with changes in the business environment in order to encourage a designer to engage in activities

Article IIIMethod of Payment of Fees:Dismissals (Termination) and Payment of Fees to Business Suspensions

1. With respect to a person dismissed or suspended from his/her service as of the payment date, fees shall be paid as a site;

Provided, That the proportional fees for the insurance premiums that the principal is entitled to receive before dismissal or suspension of business shall be paid.

2. In cases of dismissal and collection, a proportional fee shall be paid to the gold collector.

Provided, That 30% of the fee for the first year of the long-term insurance (including dismissal or termination) shall be paid to the receiver.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including virtual numbers), each entry of evidence Nos. 1 through 3 (including virtual numbers), the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that they concluded a commission contract with the defendant company.

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