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(영문) 서울중앙지방법원 2015.01.23 2014가합52037
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. From April 2013, the Plaintiff received allowances of KRW 34,254,340,00 in total, including income stability allowances of KRW 26,50,00,00 and design agent’s allowances of KRW 7,754,340, while working as an insurance solicitor by the Defendant.

B. According to Article 19(1) of the General Provisions on the Standard for Payment of Fees for the Defendant, the Defendant did not pay various fees for the contract for termination, cancellation, invalidation, and cancellation of order after the conclusion of the contract, and the contract is fully recovered as a result of the contract, and the result of the contract is fully recovered. According to Article 19(6) of the contract for appointment of insurance solicitors concluded between the Plaintiff and the Defendant, the full amount of the fees already paid (income stability allowances and special performance allowances) is to be refunded to the company when the contract for appointment is terminated within 18 months.

C. From January 2014, the Plaintiff was dismissed on or around April 2014, as stipulated in the contract, due to the lack of performance to conclude an insurance contract. The Defendant was returned KRW 226,624 out of the allowances to be returned from the Plaintiff pursuant to the said agreement.

[Reasons for Recognition] Facts without dispute, entry in Eul 1 and 2 evidence (including branch numbers if there are serial numbers) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment of the parties concerned had expressed their intention to maintain the contract by being terminated due to the defendant's neglect of management, or refused to conclude the contract by the defendant himself, and accordingly, the plaintiff was dismissed pursuant to the so-called rule (the provision that the contract will be dismissed without delay for three months) and thus causes a cause for the refund of allowances. Thus, the part exceeding 7,670,934 won is not obligated to be returned. On the other hand, according to the appointment contract with the plaintiff and the defendant's fee payment criteria, the defendant is required to return the allowances already paid (income stability allowances and special bonus) when the commission contract is terminated within 18 months after the commission contract is terminated, and the appointment contract with the plaintiff for three months.

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