(영문) 창원지방법원 2017.11.15 2017가단100041

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(영문) 창원지방법원 2017.11.15 2017가단100041

정산금

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are those who entered into a contract with the Defendant for the commission of insurance solicitors; Plaintiff A was from November 9, 2010 to September 3, 2013; Plaintiff B was from December 16, 2009 to February 5, 2013; Plaintiff C was from May 6, 2005 to April 14, 2014; Plaintiff D was dismissed as the Defendant’s insurance solicitor, etc. from March 6, 2007 to February 5, 2013; Plaintiff E was from May 9, 2008 to February 5, 2013; and Plaintiff F was performing the Defendant’s insurance solicitation from November 30, 2004 to March 18, 2013.

B. According to a commission contract entered into between the Plaintiffs and the Defendant, the Defendant sufficiently explain the terms and conditions of the provision on commission to an insurance solicitor at the time of entering into the contract and obtains consent thereto (Article 6(1) of the commission contract). At the same time, the Plaintiffs received a sufficient instruction and explanation on the matters on commission depending on the major notice on advance payment fees from the Defendant, and entered into a subsidiary agreement regarding the composition, calculation, and method of payment of commission separate from the contract with the Defendant.

Among the matters of the affiliated agreement, the provision of fees to a person who has been dismissed shall not occur from the date of dismissal: Provided, That there is a part that "the proportional fee of the contract received before the date of dismissal (cancellation)."

(Article 1 (3) 3 of the Affiliated Agreement).

Fees paid by the defendant to insurance solicitors shall be from the first day of the corresponding month to the last day of the next month as the performance target period, and shall be paid on the 20th day of the following month. The proportional fees paid in proportion to the maintenance period of the insurance contract, and the proportional fees paid in return for the conclusion, etc. of the insurance contract, regardless of the maintenance period, shall be comprised of the subscription fees, contract management fees, and the collection fees.

Of the proportional fees, the insurance solicitor is a new insurance contract.

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