채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 5, 1, 7, and 8, unless there is a dispute between the parties or considering the purport of the whole pleadings:
On July 1, 2010, the Plaintiff entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with Liz Partners Co., Ltd. (hereinafter “Defendant”), stating that the Plaintiff would engage in the brokerage of conclusion of insurance contracts, the maintenance of insurance contracts, etc., and receive various allowances, such as insurance solicitation fees.
B. According to the Defendant’s business family personnel regulations, the Defendant notified that the Plaintiff was dismissed as of March 31, 2013 based on the above provision on February 28, 2013, based on the following: (a) the monthly average RP performance is more than 200,000 won; (b) the average employment rate of three months is more than 50%; and (c) if the employment rate of three months is below that of 50%, it may take personnel measures, such as dismissal.
C. On March 31, 2013, the Plaintiff dismissed, and the obligation to return fees, etc. that the Defendant bears to the Defendant pursuant to the instant commissioning Contract and Fee Regulations is 7,246,383, and the Defendant is not entitled to receive the above amount from the Plaintiff. On October 25, 2013, the Defendant filed a claim against the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) for performance guarantee insurance on the ground of the Plaintiff’s refusal to refund fees, etc.
Accordingly, on November 22, 2013, the Plaintiff raised an objection to the Seoul Guarantee Insurance Co., Ltd. and filed the instant lawsuit, the payment of the said guaranteed insurance was suspended.
2. Plaintiff’s assertion and judgment
A. The maintenance allowances arising in relation to the insurance contracts maintained by the Plaintiff upon entering into an insurance contract with the policyholder pursuant to the instant commission contract shall accrue to the Plaintiff even after the Plaintiff was dismissed. The Plaintiff is obligated to refund the fees, etc. to the Defendant.