(영문) 서울중앙지방법원 2015.07.02 2014가단129374

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(영문) 서울중앙지방법원 2015.07.02 2014가단129374

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 17, 2012, the Plaintiff entered into an insurance solicitor commission contract with the Defendant, and worked as GFC (Group’s Frotant, corporate financial consortium) with the Defendant by January 1, 2013.

(1) Article 6 (Payment of Fees): The Company shall pay the designer’s fees within the fixed date in accordance with the “standards for the payment of fees within the insurance business guidelines” set by the Company.

Where any ground for recovery provided for in the "Agreement on the Standards for Payment of Fees" attached to the company, the company may recover all or part of the fees already paid pursuant to the "Agreement on the Standards for Payment of Fees".

(2) Article 9 (Prohibition of Unfair Acts against Designer): A company shall not engage in any of the following unfair acts against Designer:

- Article 12 (Minimum Criteria for Maintenance of Qualification of Designer) (3) of the Act to recover in whole or in part the fees already paid to Designer without good cause, the Company may establish standards for continuing the commissioning relationship with Designer.

The minimum standard of qualification maintenance may be set up by sales channels for the results of new insurance solicitation, the results of maintenance of insurance contracts solicited, etc., and unilaterally it may not be set disadvantageous to a specific designer only.

(4) Article 13 (Termination of Contracts): The Company may terminate this Agreement if the designer falls under any of the following subparagraphs:

- If the performance of the designer’s entrusted services falls short of the minimum standards for qualification maintenance for the designer.

B. The defendant's fee payment criteria are as follows.

(1) shall recover all or part of the fees already paid upon the termination of the contract and the occurrence of the reasons for the recovery of the fees not exceeding 12 times.

(2) The types of fees include a new contract expansion, strategic expansion, fashion allocation, contract management expansion, and other fees (settlement support, business accumulation, etc.).

(3) The recruitment of the dismissed GFC immediately before the dismissal.

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