(영문) 서울중앙지방법원 2019.04.12 2018가단5156270

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(영문) 서울중앙지방법원 2019.04.12 2018가단5156270

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 12, 2016, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) for commission of insurance solicitors (hereinafter “instant contract”) and performed duties as an insurance solicitor.

At the time of the instant contract, the Plaintiff agreed with C to the effect that the Plaintiff may pay the unpaid fee to C in accordance with the agreement attached to the instant contract and the relevant provisions of C in cases where the insurance premium is not paid due to the invalidation, cancellation, etc. of the fees received in advance by the Defendant in relation to the insurance contract solicited as an insurance solicitor.

(Article 6(6) of the Agreement, as C was merged into the Defendant Company in 2017, the Defendant comprehensively succeeded to C’s rights and obligations.

(hereinafter referred to as “Defendant” and the Defendant. After that, the Plaintiff was dismissed on January 3, 2018 while performing its duties as an insurance solicitor.

The plaintiff received advance payment fees from the defendant in relation to the insurance contracts solicited during the commission period of insurance solicitors, and part of the insurance contracts were invalidated due to termination, etc.

On July 2018, the Defendant notified the Plaintiff that “The amount of the unpaid fee to be refunded to the Defendant due to the invalidation of the above part of the insurance contract is KRW 1,688,500”.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the plaintiff's assertion ① Partial termination of the insurance contract recruited by the plaintiff was caused by the lack of management responsibility of the defendant after the plaintiff was dismissed from the defendant, and thus, it is unfair and unfair for the defendant to assert the collection amount against the plaintiff.

② Since the Plaintiff’s claim for fees incurred during the period of service remains to the extent of KRW 6 million, this shall not apply.

유사 판례

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