(영문) 서울중앙지방법원 2015.02.16 2014가단5202335

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(영문) 서울중앙지방법원 2015.02.16 2014가단5202335

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 16, 2013, the Plaintiff, as an insurance solicitor, concluded a commission contract with the Defendant for the insurance solicitation business (hereinafter “instant commission contract”) and was commissioned as a master planner, and was dismissed on February 27, 2014.

B. From August 2013 to December 2013, 2013, the Defendant paid KRW 20 million to the Plaintiff several times the settlement fee.

C. Meanwhile, according to the Defendant’s provision on payment of fees at the time of the instant commission contract (hereinafter “instant commission provision”), the Defendant paid settlement fees by grade according to the total amount of Iss price CNP for the 12-month period based on the month when the commission contract was concluded with the Marerer (Article 22(1)), and (2) where the Marer is dismissed within 12 months from the time when he was commissioned to the Marerer (Article 23(2)).

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1, 2, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the Plaintiff’s obligation to return settlement fees exists

A. According to the facts of the Plaintiff’s obligation to return the settlement fee, as long as the Plaintiff was dismissed within 12 months from the time the Defendant was commissioned as the master planner, the Plaintiff is obligated to refund KRW 20 million paid from the Defendant pursuant to Article 23(2) of the Rules on Fees.

B. The Plaintiff asserts that there is no obligation to refund settlement fees asserted by the Defendant, since the Plaintiff did not hear any explanation about the provision of the instant fee or the redemption of settlement fees.

The following circumstances, i.e., Article 6 of the commission contract prepared at the time of the commission contract of this case, the defendant sufficiently explains to the plaintiff the terms and conditions of the commission-related company and agrees to the plaintiff.

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