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(영문) 부산지방법원 2018.08.23 2016가단350637
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 58,500,171 and its amount from June 27, 2017.

Reasons

1. Basic facts

(1) The Defendant Company is a company which forms a partnership with a life insurance company or a non-life insurance company and acts as a broker or an agent for the sales of its products.

On January 22, 2016, the Defendant Company commissioned the Plaintiff A as an insurance solicitor of the Defendant Company, and entered into an agreement on the commission of a designer including the following (hereinafter referred to as “instant commission agreement”), and the end in the commission contract, I have sufficiently explained the appointment contract of the designer by fully reading the contents of this contract. I have agreed to all the contents of this contract. I have signed and sealed this contract. I have signed and sealed the Plaintiff’s signature and seal thereon.

Article 4 (Entrusted Affairs) Business affairs entrusted by a company to a designer shall be as follows:

1. Mediation of conclusion of insurance contracts;

2. Affairs related to the maintenance and management of insurance contracts (insurance solicitation allowances) (1) A company shall pay allowances to a designer on the 25th of following month to his/her achievements in accordance with the Regulations on Benefits and Allowances (hereinafter referred to as the "Guidelines for the Payment of Allowances") set by the company.

(2) Where the guidelines for paying allowances of companies are modified, a designer shall comply with the changed regulations.

(4) Matters concerning the redemption of insurance solicitation allowances shall be as follows:

1. The cancellation, cancellation, invalidation, refusal to accept, breach of duty to notify, and termination of quality assurance offered by the designer shall be recovered in full of the fees already paid;

2. If the designer was paid the future allowance to be incurred but the condition is not fulfilled, the allowance which was paid in advance by the designer shall be recovered as much as the part on which the condition has not been fulfilled.

3. When the insurance contract is terminated and terminated and the contract is not maintained, all or part of the allowances already paid shall be recovered on the basis of the payment criteria of allowances;

4. When an insurance premium reduction occurs as a result of the amendment of an insurance contract, a contract shall be deemed not maintained as equal to the amount to be reduced from the time of reduction;

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