청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings as stated in Gap evidence 1, 2, Eul evidence 1, and evidence 3-2. A.
On January 20, 2010, the defendant entrusted the affairs related to the brokerage of conclusion of the insurance contract with the stock company B (hereinafter referred to as "B") and B, and paid fees therefrom, and entered into a life insurance agency contract with the content that the fees already paid shall be refunded from B in the event that the insurance contract of B is terminated, etc.
B. On June 17, 2010, the Plaintiff issued, on December 31, 2010, one promissory note in D, the representative director of B, and on the same day, in accordance with the commission of the Plaintiff and D, a notarial deed in the purport of recognizing the compulsory execution of the said promissory note against the holder of the said promissory note.
C. On June 24, 2010, the Defendant concluded a pension insurance contract between E and F on July 2, 2010 with F on the 10-year maturity of KRW 500 million for each month insurance premium (hereinafter “each of the above insurance contracts”) with B (hereinafter “instant insurance contracts”).
B On July 7, 2010, D made D endorsement on the said Promissory Notes, and then delivered to D the Defendant the said Promissory Notes as security for the obligation to refund fees that may arise when the instant insurance contract becomes void due to termination, etc. after paying commission fees under the instant insurance contract.
On September 14, 2012, the defendant was issued a decision to commence a compulsory auction for real estate auction as H in Busan District Court's Dong branch court's H with respect to the apartment house No. 301 owned by the plaintiff on September 14, 2012.
2. The parties' assertion
A. The plaintiff's assertion 1 did not pay fees under the insurance contract of this case to B, and the defendant did not pay them.