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(영문) 서울중앙지방법원 2017.08.30 2017나22901
부당이득금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. Determination on the main claim

A. 1) On June 1, 2013, the Plaintiff appointed the Defendant as an insurance solicitor and FL (Fincial PPP: the team leader, performing the role of guiding the insurance solicitors of 3-12 persons under its control while engaging in business activities) between the Defendant and the Defendant on June 1, 2013 (hereinafter “instant commissioning contract”).

(2) On June 17, 2013, the Plaintiff paid KRW 5,318,500 to the Defendant (=5,500,000 income tax - KRW 165,000 - resident tax 16,500) as prior support fees.

3) On May 23, 2014, the Defendant submitted an application to dismiss the Plaintiff on June 1, 2014, dismissed from the Plaintiff on June 1, 2014. [In the absence of any dispute over the grounds for recognition, the entries in Gap evidence 1-2, Gap evidence 1-2, Gap evidence 2 through 6, 8, 17, 18, 20, 21, and 26, and the purport of the entire pleadings.

B. The Plaintiff’s assertion and determination 1) The summary of the Plaintiff’s claim is that the Defendant did not have monthly income at the time of the instant commission contract and received KRW 5.5 million from the Plaintiff as a loan (pre-paid fee). The Defendant is obligated to return to the Plaintiff the unpaid loan (pre-paid fee) 5.26 million (=5 million won - 2.4 million won) excluding the amount collected from the aforementioned loan (pre-paid fee).

B. In light of the following circumstances, it is reasonable to view that the Plaintiff and the Defendant agreed to refund the fees that the Defendant received in advance at the time of the instant commissioning contract, and there is no other counter-proof evidence, in light of the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the above evidence and evidence Nos. 20

- The Defendant did not work for the Plaintiff Company before June 2013, and has been paid a certain amount every month from the Plaintiff to November 2013 after June 2013.

On June 17, 2013, a statement of payment of fees issued by the Plaintiff was paid to the Defendant.

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