(영문) 청주지방법원 2019.07.18 2018가단29191

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(영문) 청주지방법원 2019.07.18 2018가단29191

채무부존재확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A was commissioned from March 2013 to October 2007 by Plaintiff B from August 2016 to January 2018, Plaintiff C from December 2015 to October 2017, and D from November 2016 to July 2017.

B. The Plaintiffs agreed on the payment of fees and the refund of fees when concluding a contract with the Defendant for the commission of insurance solicitors, and the major contents of the commission contract and the commission payment criteria are as follows.

Article 5 (Criteria for Payment of Fees) ① Company shall pay the fees of a designer within the fixed date in accordance with the criteria for the payment of fees (which shall be limited to the “standards for the payment of fees” under the Insurance Business Guidelines; hereinafter referred to as the “standards for the payment of fees”) set by the Company.

(2) When concluding an entrustment contract, a company shall fully explain to the designer the terms and conditions of the relevant fee item, method of payment, guidelines for redemption, etc., and obtain the consent of the designer.

Article 6 (Modification of Details of Contracts) (1) Where a company intends to modify the regulations, guidelines, etc. of a company related to an entrustment contract, it shall notify the designer of the details of the change through the internal computer network or store posting, etc. and (2) where the company intends to modify the guidelines for the payment of fees, it shall notify the insurance solicitor of the scheduled details of the change one month before the scheduled date of implementation and obtain his/her consent. However, it shall be deemed that the insurance solicitor has not expressed an explicit non-approval on the scheduled details of the change

In addition, the amendment and reflection of the relevant laws and regulations, the elimination of the violation of the relevant laws and regulations, minor matters such as the proviso, the support system unrelated to the solicitation, and other unfair competition and the improvement of solicitation order may be omitted.

This is not related to insurance solicitors entering into a recruitment entrustment contract.

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