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(영문) 서울중앙지방법원 2016.08.19 2014가단261346

채무부존재확인

Text

1. The Plaintiff’s obligation to return the initial settlement subsidy to the Defendant does not exceed KRW 10,297,475.

Reasons

1. Basic facts

A. The Defendant is a company that operates an insurance agency business, insurance business, finance-related education business, etc., and the Plaintiff, from June 15, 2012, served as “B” affiliated with the Defendant Company, and was in charge of insurance solicitation, etc.

B. From June 2012 to five months, the Plaintiff received KRW 15,000,000 per month in total from the Defendant as the early settlement subsidy.

C. The Plaintiff consents to the Defendant with respect to the initial settlement subsidy, and the repayment of the early settlement subsidy shall be made by deducting the fees from the fees each month by monthly installments during the period from 13th to 11th month from which the initial settlement subsidy was paid.

If the conditions are satisfied in accordance with the "Improvement and Establishment of the System" announced on November 28, 201, 201, the repayment of the initial settlement subsidy shall be exempted or partially repaid.

In the event that the principal fails to pay the full amount of the initial settlement subsidy received from the company at the time of withdrawal and the outstanding amount remains, he/she agrees to immediately repay and withdraw the outstanding amount to the company. If the principal fails to pay the outstanding amount, he/she agrees to immediately claim and recover the performance guarantee insurance against the guarantee insurance company.

"Preparation of a redemption note of this content" was made. D.

On June 26, 2014, the Plaintiff retired from the Defendant Company and paid KRW 1,250,000 out of the initial settlement subsidy.

E. Meanwhile, the plaintiff entered into a performance guarantee insurance contract with the non-party Seoul Guarantee Insurance Co., Ltd. regarding the plaintiff's obligation to return the initial settlement subsidy to the defendant, and accordingly, the defendant claimed the above Seoul Guarantee Insurance Co., Ltd. to pay the guaranteed insurance.

F. The main contents of the provision on payment of fees related to the Defendant Company’s project (Evidence No. 18) are as follows.

Article 8 (Termination of Regulations on Payment of Fees)

1. Insurance commission and other alliance contract fees;