logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.17 2015가단9490
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On February 2013, while working as credit card holders, the Plaintiff visited C Co., Ltd. (hereinafter “Nonindicted Company”) and received commissioned education at Samsung Life Insurance Co., Ltd., the head office of the Nonparty Company, concluded an entrustment contract with Nonparty Company on March 15, 2013 (hereinafter “instant entrustment contract”) for the brokerage of conclusion of insurance contracts, or for the maintenance and management of insurance contracts, and acted as an insurance solicitor of the Nonparty Company.

B. According to the instant consignment contract, the Plaintiff is obligated to refund settlement support or advance support fees, etc. already received in the event of a cause, such as the cancellation or cancellation of the insurance contract, termination of the instant consignment contract, in accordance with the fee regulations of the non-party company (Article 6), and the non-party company may terminate the instant consignment contract in cases where the Plaintiff’s performance of entrusted duties falls short of the minimum standard

(Article 8). (c)

On March 15, 2013, when entering into the instant consignment contract on March 15, 2013, the Plaintiff subscribed to performance guarantee insurance of KRW 5,00,000,000 as the insured of the non-party company that guarantees the obligation to return fees for the non-party company. The Plaintiff’s written application for the said consignment contract contains the indication that the Plaintiff received sufficient explanation from the non-party company on the payment of fees and the claim for refund, and that the Plaintiff confirmed the purchase of guarantee insurance so that the non-party company may receive compensation for the non-party company’s refund through the guarantee insurance.

On March 4, 2013, according to the instant consignment contract, Nonparty Company paid KRW 8,576,960 to the Plaintiff, including KRW 4,800,000 in the name of the advance payment commission, by depositing KRW 3,00,000 in the Plaintiff’s bank account account (Account Number D).

E. The plaintiff continues to engage in soliciting insurance for the non-party company.

arrow