beta
(영문) 서울중앙지방법원 2015.07.07 2014가단5020960

채무부존재확인

Text

1. The obligation to return settlement subsidy of KRW 3,655,00 under the commissioning Agreement between the Plaintiff and the Defendant on January 7, 2013.

Reasons

1. Basic facts

A. On January 7, 2013, the Plaintiff entered into an insurance solicitation contract with the Defendant (hereinafter “instant commission contract”) and received KRW 3,100,000 in total from January 1, 2013 to March 2013 as a settlement subsidy from the Defendant.

(hereinafter “The settlement subsidy of this case.” Although the Defendant asserted that 4.3 million won was paid to the Plaintiff as the settlement subsidy, there is no evidence to acknowledge this, the amount recognized by the Plaintiff is recognized as the settlement subsidy).

The contents of Article 27 subparagraph 3 (hereinafter “instant provision”) of the Defendant’s fee payment provision (N.O. 2012-1) (hereinafter “instant fee payment provision”) are as follows.

If a person is dismissed within one year from the time he/she was commissioned, the total amount of the initial settlement allowance already paid shall be recovered. In such cases, 85% of the initial settlement allowance shall be recovered from MATSPNNNNNNER, and 10% of the initial settlement allowance shall be recovered from MA in the event of dismissal due to a cause attributable to which the obligation, such as faithful guidance, supervision, etc., is not fulfilled.”

C. At the time of the instant commission contract, the Plaintiff entered into a commission contract with the Defendant, received the commission contract and the instant commission payment provision, and was fully aware of the details thereof. In particular, the Plaintiff prepared and issued a written confirmation (hereinafter “instant confirmation”). At the time, the instant confirmation was stated that the Plaintiff signed the written confirmation, and there was the Plaintiff’s signature at the bottom (as to this part’s signature), and the Defendant’s following written confirmation was written by the private individuals of SALE MNGER B and Banch Manger C.

After May 30, 2013, the Plaintiff is the Defendant.