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(영문) 서울중앙지방법원 2018.08.29 2017가단5200804
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 1, 2015, the Plaintiff entered into a commission contract with the Defendant for insurance solicitors (hereinafter “instant commission contract”) and was dismissed on July 22, 2016 as an insurance solicitor of the Defendant’s branch from the 6th of the same month.

Article 5 (Standards for Payment of Fees) (1) Company shall pay the fees of a designer within the fixed date in accordance with the standards for the payment of fees within the insurance business guidelines set by the Company.

The company shall allow the designer to peruse the standards for payment of fees on a regular basis through the internal computer network, etc.

(2) When concluding an entrustment contract, a company shall fully explain to the designer the terms and conditions of fees, methods of payment, standards for recovery, etc. and obtain consent from the designer.

3. Where this contract is terminated, the company shall not pay all the fees to the designer.

except where there is a separate provision in the criteria for the payment of fees.

Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer has been refunded to a contractor, such as the invalidation, cancellation, etc. under the terms and conditions of a product and the Acts, the company shall not pay any fees related to the relevant contract in accordance with the insurance business guidelines, and the designer shall refund any fees already paid to the company on the condition that the contract has been effectively established and maintained, and the detailed method and the recovery of

Provided, That there is no obligation of the designer to return the invalid contract caused by the company's return to the company.

(2) Where a designer receives fees to be incurred in the future from a company on condition that the insurance contract is maintained for a certain period of time among fees paid by the company separately under paragraph (1) and that the solicitation contract exists effectively, the designer shall not be maintained immediately when the effect is lost.

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