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(영문) 광주지방법원 2017.02.14 2016가단12422

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 February 17, 2015, the Plaintiff concluded a contract with the Defendant for commission of insurance solicitors, and worked as an insurance solicitor from March 2, 2015 to July 2, 2015.

The above insurance solicitor commission contract has the following provisions:

The bottom part of the following is the part in which the plaintiff has written.

I confirm that I have received full explanation from the Company and consented to all the provisions and guidelines of the Company that apply to the designer in connection with this Agreement, such as the terms and conditions of the Business Guidelines for Payment and Redemption of Fees in accordance with Article 5 of the above Commission Agreement and the Minimum Criteria for Maintenance of Commission Contracts.

In addition, at the time of dismissal, the company can recover the fees already paid through the claim for guarantee insurance, claim for indemnity, etc. in the event of recovery due to the termination of the recruitment contract, etc. from the month following the month of dismissal.

B. Of the insurance contracts that the Plaintiff had bought while working as an insurance solicitor, the total of 14 cases were withdrawn or cancelled.

C. On January 8, 2016, the Defendant sent to the Plaintiff a certificate of content that requests the Plaintiff to return KRW 7,886,750, in terms of the amount of redemption allowances and fees.

【Ground of Recognition】 Each entry of Evidence A, 2, 4, and 1 to 8

2. The Plaintiff’s assertion demanded that the Plaintiff return KRW 7,886,750 to the Plaintiff on January 8, 2016, under the name of the restitution allowance and fee. However, it is difficult to find out how the said restitution allowance and fee were incurred, and there is no such obligation.

3. As to the determination of the cause of the claim, the defendant asserts that the above 7,886,750 won of the recovery allowance and fee were lawfully calculated in accordance with the payment and recovery criteria of the commission. Thus, the defendant's total 14 of the insurance contracts that the plaintiff suffered during work as an insurance solicitor was withdrawn or revoked. The above facts are as follows.