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(영문) 서울중앙지방법원 2019.04.19 2018나41688
손해배상(기)
Text

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

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Defendant is a corporate insurance agency under the Insurance Business Act that sells, maintains and manages insurance products by being entrusted with insurance solicitation business, etc. by many insurance companies.

B. On February 11, 2015, the Plaintiff entered into a contract with the Defendant for commission of insurance solicitors, and served as a designer (insurance solicitor) who belongs to the Defendant Cheongju Branch.

The main contents of the above commission contract are as follows:

Article 6 (Payment of Fees) (1) A company shall pay the fees of a designer within the fixed date in accordance with the standards for the payment of fees within the business regulations determined by the company, and make the details thereof available to the designer for a regular perusal at the internal computer network.

3. Where this contract is terminated, the company shall not pay all the fees to the designer.

Provided, That in the case of a designer who has been dismissed before the date of payment of the monthly fee of the dismissal, the fee for a double contract shall be paid, and the fee for a double contract shall be paid at the end of the fourth month of the dismissal, and in the case of a designer who is deemed to have a problem, such as a defect in contract or maintenance rate, the company may withhold the payment of the fee

(4) A company shall pay fees in advance only to a designer who meets the standards for advance payment according to the standards for payment of fees and provides security.

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer has been returned to the contractor due to the invalidation, cancellation, cancellation, cancellation, etc. of the contract under the terms and conditions of the product and the Acts, the company shall not pay any fees related to the contract in accordance with the standards for payment of fees, and the designer shall return the fees already paid to the

(2) In addition to paragraph (1), where fees to be incurred in the future are paid on condition that an insurance contract be effectively maintained, the designer shall pay the advance payment for the portion which is not maintained and managed by the designer.

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