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(영문) 서울중앙지방법원 2015.06.24 2015가단11807
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 21, 2011, the Plaintiff was commissioned as an insurance solicitor of the Defendant Company, and the Plaintiff heard the explanation of the major contents of the guidelines for the payment and recovery of fees as stipulated in the “Agreement on the Standards for Payment of Fees (hereinafter “Agreement”) and the details of the “written confirmations on important matters regarding the standards for the payment of fees,” and prepared an agreement and written confirmation, and issued it to the Defendant Company, and received payment of KRW 5 million of the special settlement subsidy

B. The Plaintiff mediated the conclusion of an insurance contract from December 2, 2011 to February 2013, and received from the Defendant Company the commission for the linkage and the maintenance contract to compensate for the insurance solicitor’s business activities. Among them, the 31st insurance contract was invalidated due to reasons such as failure to maintain within 12 times.

Accordingly, the collection fees to be refunded by the plaintiff according to the redemption regulations of the defendant company are 4,206,315 won.

C. On February 1, 2013, the Plaintiff was dismissed from the Defendant Company. In accordance with the performance guarantee insurance contract concluded with the Nonparty Seoul Guarantee Insurance Company regarding special settlement support and payment of collection fees, which the Plaintiff received from the Defendant Company at the time when the Plaintiff was commissioned as an insurance solicitor, the Plaintiff claimed payment of the insurance proceeds of KRW 5 million and the subscription fees of KRW 4206,315 to the Nonparty Company around December 1, 2014.

[Reasons for Recognition] Facts without dispute, Gap 1, Eul 1 through 5, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Defendant Company paid KRW 5 million to compensate for the Plaintiff’s maintenance fees and retirement allowances income relating to an insurance contract maintained by another insurance company prior to the conclusion of a commission contract with the Defendant Company. Thus, the Defendant Company is not obligated to recover KRW 5 million of the settlement subsidy.

The insurance contracts that the plaintiff has recruited while serving in the defendant company are still maintained.

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