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(영문) 인천지방법원부천지원 2016.03.22 2015가단16943
양수금청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who served as the head of a branch office in Gyeyang-gu Co., Ltd. (hereinafter “Nonindicted-si”) and the Defendant served as an insurance solicitor of Nonparty 2 from July 2014 to February 2015.

B. On July 8, 2015, the Plaintiff entered the insurance contract between the non-party company and the non-party company as “36,015,596 won” in the insurance contract between the Plaintiff and the non-party company on the grounds that the insurance contract concluded by the Defendant as an insurance solicitor was terminated or invalidated. However, the Plaintiff appears to be a clerical error in the “36,015,965 won”, which is the aggregate of the details attached to the above contract.

Therefore, it shall be corrected as above.

(A) entered into an agreement on the transfer and takeover of claims.

(hereinafter “instant contract for the transfer and takeover of bonds”) C.

On July 9, 2015, the Plaintiff sent a content-certified mail to the Defendant to the effect that he/she notified the Defendant of the acquisition of the claim for restitution.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, and 6, the purport of the whole pleading

2. The Plaintiff asserted that he acquired the collection claim against the Defendant from the non-party company in accordance with the contract for the transfer and takeover of the instant claim, and filed the instant claim.

However, the evidence submitted by the Plaintiff alone only can only recognize the fact that the Plaintiff entered into the instant contract on the transfer of claims between the Plaintiff and the Nonparty Company. Furthermore, it is difficult to find out the basis for the occurrence of claims for recovery and the basis for calculating the amount of the amount of the claims (the Defendant is arguing that the Plaintiff’s claim in this case is dual claims, in addition to the assertion that the claim in this case is dual claims, and also disputes over the termination or invalidation of the insurance contract, the occurrence of the amount of recovery, etc.).

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