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(영문) 인천지방법원 2019.06.14 2016가합58702
채무부존재확인
Text

1. Fees of the Plaintiff (Counterclaim Defendant) based on the agency contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is an insurance company with the purpose of insurance business prescribed by the Insurance Business Act. The plaintiff (the former trade name C corporation) is a company with the purpose of insurance agency business which entered into a contract with the defendant as an insurance agency.

B. On August 17, 2011, the Plaintiff and the Defendant conclude a contract for the agent of a life insurance company (hereinafter “instant agent contract”) with the content that the Defendant entrusts the Plaintiff with the duties of mediating the conclusion of insurance contracts, receiving insurance premiums, etc. and the Plaintiff is entrusted with the relevant entrusted duties (hereinafter “instant agent contract”).

A) The instant agency contract was concluded. The provision that the Defendant shall pay the fee according to the Plaintiff’s insurance solicitation performance, and the Defendant shall recover the fee under certain conditions (hereinafter “instant fee redemption provision”).

(2) Of the instant agency contracts, the payment of fees and the provisions on the recovery of the instant fees are as follows. Article 5 (Payment of Fees)

1. The defendant shall pay fees according to the defendant's fee payment rules for performing the plaintiff's entrusted duties.

The defendant may amend the fee payment rules within a reasonable scope in accordance with changes in the market environment, etc., and the revised fee payment rules shall apply to this contract by notifying the plaintiff.

Article 6 【Recovery of Fees】

1. The fees that the Defendant paid to the Plaintiff shall be recovered in accordance with the provisions set forth by the Defendant where the Defendant returned the insurance premium or the insurance premium is not deposited due to the change, invalidation, invalidation, termination, cancellation, etc. of the insurance contract recruited

2. The defendant shall recover the full amount from the fees to be paid to the plaintiff, regardless of the change of the plaintiff's representative director or the dismissal of the qualified person or employee who recruited the pertinent insurance contract.

3. The defendant shall be paid monthly to the plaintiff.

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