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(영문) 서울중앙지방법원 2018.11.22 2017가단5003287
채무부존재확인
Text

1. As to the Plaintiff’s obligation to recover from September 20, 2017 to the Defendant exceeding KRW 3,921,446.

Reasons

1. Basic facts

A. The Defendant was established on September 5, 2005 and was engaged in the business of acting as an agent in concluding insurance contracts for several insurance companies. On September 22, 2015, the Plaintiff entered into a contract with the Plaintiff on September 22, 2015, which includes the following terms: (a) the term of the contract was one year; and (b) the Plaintiff entered into a contract with the Defendant’s insurance adviser’s commission:

(hereinafter “instant commission contract”). B.

The provision on the settlement of fees and payment stipulated in Article 10 of the instant commission contract provides that the Defendant shall pay the insurance adviser fees according to the subscription performance of the insurance contract; however, the Defendant shall recover the fees in principle at the time of the occurrence of the occurrence of the event of the cancellation, invalidation, cancellation, termination, termination, invalidation, etc. of the contract.”

subsection (1) is set forth in this subsection.

C. The Plaintiff worked as an insurance solicitor at the Defendant’s branch from September 2015 to June 2016. The Defendant paid to the Plaintiff an amount equivalent to 800% of the insurance premium once to the commission for insurance products sold by the Plaintiff from October 2015 to May 2016. The aggregate of the commission paid is KRW 35,323,963.

After that, the Plaintiff was dismissed on December 6, 2016. D.

Since the defendant is not dependent on one insurance company, and is engaged in the business of concluding insurance contracts on behalf of several insurance companies, the plaintiff also engaged in soliciting insurance products of various insurance companies.

The defendant's collection of insurance premiums subject to the collection of fees by insurance company shall be at least 13 times from 13 to 24 times, and the redemption rate shall be determined as follows according to the collection of each payment:

E. On September 2015, the Plaintiff sold a total of 77 insurance products until he/she was dismissed in December 2016. Of them, 57 insurance products were canceled, terminated, and invalidated in the middle.

Accordingly, the recovery of fees shall be the amount at the time of occurrence of the reason.

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