채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 20, 2015, the Plaintiff entered into an agency contract with the Defendant (hereinafter “instant contract”) and was engaged in the business of attracting the purchase of telecommunications services provided by the Defendant as the Defendant’s agent. At the time of the instant contract, the Plaintiff entered into a subsidiary contract with the Defendant for handling mobile goods (hereinafter “instant subsidiary contract”).
B. At the time of the conclusion of the instant contract, the Plaintiff issued the performance guarantee insurance policy to the Defendant issued with the Seoul Guarantee Insurance. The Defendant sought insurance money of KRW 31,38,377 of mobile device price and KRW 73,433,375 of public charges on April 15, 2016 on the ground that the Plaintiff did not receive the payment of KRW 73,375 of the mobile device price, and sought payment of the insurance money of KRW 104,586,084 (=31,38,377 won), which is equivalent to the sum of the above amount (= KRW 31,38,377 won), on the ground
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The plaintiff's assertion asserts that the defendant unilaterally forced the payment of the price of a device without recovering the device that is not sold by the defendant, and without any grounds, the plaintiff's improper business is an issue and requires the repayment of the claim of public charges.
3. In full view of the aforementioned evidence and the purport of the entire pleadings in the testimony between the witness A and B, it is recognized that the Plaintiff prepared a written confirmation to the Defendant that the amount of the device that the Plaintiff did not pay to the Defendant reaches KRW 31,388,377, and issued it to the Defendant; the Plaintiff was engaged in unfair business through opening, TM business, etc.; as of May 10, 2016, the Defendant prepared a written confirmation to the effect that the claim under the instant contract reaches KRW 73,43,375, and issued it to the Defendant as of May 10, 2016.
In addition to the above facts, the preparation of the above confirmation document, etc., recognized by the evidence.