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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From December 26, 2006 to July 31, 2010, the Plaintiff asserted that the cause of the Plaintiff’s claim was an insurance solicitor of the Defendant. On September 25, 2013, the Defendant, after dismissal of the Plaintiff, notified the Plaintiff to return KRW 4,024,558 for the reason of non-maintenance of the insurance contract, etc.
2. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 2 through 5 of the judgment No. 2, the Plaintiff was commissioned as the Defendant’s insurance solicitor, and the Plaintiff agreed to refund the fees if the grounds for the invalidation, cancellation, or termination, etc. of the insurance contract occur after receiving the fees according to the insurance solicitation performance. Accordingly, the Plaintiff’s prior payment of the fees for the settlement of accounts after dismissing the Plaintiff to return to the Defendant. The Plaintiff’s payment of the fees was 4,024,58, and the Plaintiff’s payment of the fees was 3,485,342, and B’s payment of the refund amount was 11,385,342, and B’s payment of the fees was 3,485,342, after concluding the said insurance contract with the Defendant through the Plaintiff, and the Plaintiff concluded the said insurance contract with the Defendant on February 22, 2012.
Thus, the plaintiff is obligated to pay to the defendant the amount of KRW 4,024,558, including the part concerning the insurance contract with the above B as stipulated in the contract of appointment of insurance solicitor. Thus, the plaintiff's claim seeking confirmation that there is no debt cannot be accepted.
3. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.