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(영문) 대구지방법원 2015.11.11 2014가단121874
채무부존재확인
Text

1. The plaintiffs' primary claims are dismissed.

2. On June 28, 2012, against the Defendant of Plaintiff A.

Reasons

1. Basic facts

A. The defendant is a company running insurance business, etc.

Plaintiff

A on June 28, 2012, and Plaintiff B entered into an insurance solicitation commission contract (hereinafter “instant commission contract”) with the Defendant on July 17, 2012, and served as an insurance solicitor of the Defendant Company.

Article 7 (Refund, etc. of Fees) (1) Where a company refunds insurance premiums paid in advance to a contractor or compensates for an amount equivalent thereto due to cancellation, return, invalidation, cancellation, termination, etc. of an insurance contract solicited by a designer, the company shall not pay any fees in connection with the relevant contract, and the designer shall refund the full amount of the fees paid in connection with

(2) In addition to paragraph (1), where an insurance contract is maintained for a specified period of time among fees paid by the company, and a designer receives fees to be incurred in the future from the company on condition that the solicitation contract exists effectively, and the contract becomes null and void, the designer shall immediately refund the advance payment for the portion not maintained, and other grounds for redemption shall be separately determined by the standards for payment

3. Upon occurrence of any of the above paragraphs (1) and (2) above, the Company may set off the obligation to pay the fees under section 6(1)(i) and, upon occurrence of the unpaid balance, the designer shall immediately pay the unpaid balance, and at the time of the unpaid payment, the Company may claim for the performance bond,

4. Paragraphs (1) and (2) above shall continue to exist even after the termination of this contract, and other detailed procedures, methods, etc. shall be subject to the payment criteria.

B. The provisions pertaining to the refund of fees under the instant commissioning contract are as follows.

C. On February 1, 2013, the Plaintiffs were dismissed from office as an insurance solicitor by the Defendant Company.

On July 2, 2013, the defendant sent to the plaintiff A a notice of the occurrence of each fee recovery amounting to KRW 17,811,428 and KRW 15,014,529.

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