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(영문) 서울중앙지방법원 2015.07.24 2014가단213767
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 13,838,410 to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 15, 2012, the Plaintiff concluded an entrustment contract with the Defendant Company to act as an insurance solicitor, and submitted a resignation report while working as the Defendant’s insurance solicitor. On March 1, 2014, the said entrustment contract was terminated.

B. Of the above consignment contract and the Defendant’s FY2011 fee provision and important matters-2 (hereinafter “instant fee provision”) related to the collection of commission fees are as follows.

[Article 5] Upon entering into this contract, the Company must explain to the FC the terms and conditions of the fee-related regulations.

Where a cause for the refund of fees prescribed in the insurance business guidelines, such as termination (Invalidity), cancellation, invalidation, cancellation, etc. of a insurance contract solicited by the FC principal has occurred, the fees received shall be refunded to the company in accordance with the insurance business guidelines.

[Regulations on Fees of this case] SM/L Rules

5. Support for the early appointment of SM;

(a) Criteria for payment - Period of guarantee: payment of 35 million won until June after delegation;

B. Our standard of recovery at the time of dismissal: ① (a) recovery of the difference in early support - (a) recovery at the time of discharge (a) recovery at the time of his/her employment - (b) recovery at the time of his/her employment 1 to 6 months; (c) no recovery is made in the event of early support 1 to 6 months; and (d) exclusion from the annual performance at the time of termination and non-maintenance (in cases of termination/unmaintenance within 13 times after his/her dismissal, additional measures are taken); (e) recovery at the time of his/her dismissal at the time of his/her dismissal ; and (e) payment at the 2P; and (e) payment at the 11.

(a) Object to be recovered: Solicitations under the jurisdiction of SM (public offerings of FC under the term of office within the period of service);

(b) fee refund (1) in the case of cancellation/return of withdrawal/return after reduction, invalidation/cancellation/Cancellation/Cancellation after reduction - Fees for new contract for fostering: Fees for new contract for fostering and maintenance of contract for fostering methods - Fees for new contract for fostering method: Fees for fostering and maintenance of recovery by applying the rate of payment applied at the time of contract: restitution.

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