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(영문) 서울남부지방법원 2020.07.09 2019가단260023

가불금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From June 2015 to April 2017, the Defendant was in charge of the Plaintiff’s business of interfering with the company from around June 2015 to allowing the Plaintiff’s insurance solicitors to proceed with the insurance products presentation to its employees.

B. On June 8, 2015, the Plaintiff paid to the Defendant KRW 20 million, KRW 20 million on November 17, 2015, KRW 12 million on January 28, 2016, and KRW 81.2 million on February 1, 2016, respectively.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion made a preferential payment to the Defendant in the form of advance payment, and deducted the commission to be paid to the Defendant for each insurance contract case, and paid money several times in the form of more than the amount to be recovered if the amount to be recovered occurs.

Since the above advance payment, commission, and collection amount are settled and the amount to be paid by the Defendant to the Plaintiff is KRW 49,236,31, the Defendant is obligated to pay the Plaintiff KRW 49,236,331 and delay damages.

B. According to each of the evidence mentioned earlier, the Plaintiff paid the Defendant the amount of KRW 1 million between June 8, 2015 and February 5, 2016, according to each of the evidence evidence Nos. 6’s evidence Nos. 1 and 3.

However, each of the above evidence and evidence Nos. 4-1 through 7, 7-10 and evidence Nos. 7-10 may be known by adding the whole purport of the arguments to the whole purport of the pleadings, namely, ① there is no dispute between the original defendant and the original defendant as to the fact that the defendant was in charge of the business of allowing the plaintiff's insurance designer to proceed with an insurance product presentation to his employees; ② the defendant was not deemed to have worked as the plaintiff's insurance solicitor; ② there was no contract between the original defendant and the original defendant on the payment or recovery of fees according to the insurance contract; ③ the plaintiff was set up for December 2, 2016, ③ the payment statement of commission Nos. 7 to April 7, 2017.