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(영문) 서울중앙지방법원 2018.09.13 2017가단5151605
채무부존재확인
Text

1. The insurance premium collection obligation of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is the money set forth in paragraph (2) of this Article.

Reasons

1. Basic facts

A. The Defendant is an insurance company with the aim of insurance business under the Insurance Business Act, and the Plaintiff, who is engaged in insurance solicitation, was entrusted by the Defendant from June 1, 2015 and performed the business of soliciting insurance.

B. On June 1, 2015, the Plaintiff entered into a contract with the Defendant for the commission of an insurance solicitor (hereinafter “instant commission contract”) under which the Defendant would perform incidental business, etc. to mediate the conclusion of an insurance contract with respect to the Defendant’s insurance products and to maintain and manage the holding contract, and in return, receive the following fees from the Defendant:

The Defendant’s allowance regulations applicable to insurance solicitors including the Plaintiff at the time of the instant commissioning contract (hereinafter “instant allowance regulations”) are as follows.

[Commission Agreement] Article 8 (Payment of Fees and Related Matters) (1) Company shall pay the fees of the Agent within the fixed date in accordance with the standards for payment of the internal fees of the Company.

At this time, the term "fee" means all of the money paid according to the payment criteria during the term of the contract, and it can be used in the name of allowances, remuneration, etc. between the company and the Association for convenience.

(2) If the Agent fails to meet the requirements required by the regulations and standards of the relevant company, he/she shall refund fees already paid by the Company, as prescribed by the standards for payment of fees.

Article 13 (Termination of Contract) (2) In any of the following cases, the Company may terminate this contract by written notification to the Agent even during the period of commission contract pursuant to the procedures of paragraphs (2) through (4) of Article 14, even during the period of commission contract:

6. Agent의 모집실적 등이 회사의 Agent 자격유지 최저기준에 미달하는 경우 [수당규정] ◎ Commission

1. The new contract after May 2014 applies to the payment method : 7-12 times the following month from May 2015 : 35% 4.1% from 1.7% of the payment rate on 7-12 times to 36 times the following month of the payment period after May 2015.

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