logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.03 2020가단5129363
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 14, 2019, the Plaintiff and the Defendant, a corporation for the purpose of insurance agency business, etc., established the insurance solicitation headquarters under the Defendant’s jurisdiction and entrusted the solicitation and management of insurance contracts by the Defendant. However, the Plaintiff concluded the so-called “the delegation contract with the head of the headquarters for branch offices” (hereinafter “instant contract”) with the authority to commission and dismiss the insurance solicitors commissioned under his/her responsibility.

B. According to the instant contract, the Plaintiff planned to change the insurance solicitor belonging to the FF Business Association, which is an insurance solicitation organization that was previously operated with C, D, E, etc., under the Defendant’s jurisdiction or to perform the insurance solicitation business by commissioning a new career-based insurance solicitor under the Defendant’s jurisdiction.

C. In order to provide the settlement support necessary for the commission of the above insurance solicitor, the Plaintiff, C, D, and E borrowed KRW 50,000 jointly from the Defendant on December 2, 2019 (hereinafter “the instant loan”), and set the due date as interest rate of 6% per annum on May 29, 2020, and interest payment date as the 29th day of each month, and set up a notarial deed for a money loan with the expression of intent to recognize compulsory execution.

Furthermore, on December 18, 2019, the Plaintiff et al. prepared and issued a “written confirmation on the receipt and repayment of loans” stating the terms and conditions of payment for the said borrowed loan and the repayment method, etc. However, the said confirmation states that the borrowed amount is “50,00,000 won for interest and 1% for interest,” and that the repayment period is “five-month installment payments by May 2020 (20, 1, 2020, May 5, 2020)” and the repayment method is “credit”.

E. Even after the conclusion of the instant contract, the Plaintiff engaged in the insurance solicitation under H’s name using H’s insurance solicitor code that entered into a commission contract with the Defendant without cancelling or transferring the insurance solicitor code registered under the former corporate insurance agency G under the jurisdiction of G, which is the insurance agency.

(f) thereafter;

arrow