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부산지방법원 2017.02.09 2016가단5548
채무부존재확인
Text

1. Promissory notes, No. 1320, Sept. 30, 2013, signed by the Defendant against the Plaintiff, a notary public’s office B, as of September 30, 2013.

Reasons

1. Facts of recognition;

A. On June 1, 2013, while serving as an insurance solicitor for several years, the Plaintiff entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the Defendant Company running the insurance agency business, and began to work as an insurance solicitor belonging to the Defendant Company located in Busan City as an insurance solicitor of the Defendant Company located in Busan C.

B. From June 26, 2013 to October 30, 2013, the Plaintiff mediated the conclusion of 12 insurance contracts (specific details are as indicated in attached Table 1). In return, the Plaintiff received KRW 134,254,680, total fee from the Defendant Company from August 23, 2013 to November 25, 2013 (hereinafter “instant fee”).

(excluding No. 1 E in the table in attached Table 1. Specific details are as shown in attached Table 2). (C)

In order to secure the Plaintiff’s obligation to pay the above fees to the Defendant Company, the Plaintiff and the Defendant Company drafted two promissory notes with the intent to recognize the Plaintiff’s execution (hereinafter “each authentic deed of this case”) as follows.

(1) Primary No. notarial deed: No. 1320 of the Promissory Notes No. 1320, Sept. 30, 2013, No. 2013, a notary public’s office

It is about 20 million won per promissory note issued by the Plaintiff to the Defendant Company.

(2) Secondary No. notarial deed: No. 3244, Dec. 16, 2013 by a notary public: No. 3244, a deed signed on December 16, 2013.

It is about 76 million won per promissory note issued by the Plaintiff to the Defendant Company.

As above, all contracts except the case No. 1 E among the 12 insurance contracts from December 1, 2013 to February 1, 2014, for which the Plaintiff received the instant fee from the Defendant Company, were invalid due to the receipt of civil petitions, demand for quality assurance, invalidation, etc.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2 and 6 evidence (including numbers) and the purport of the whole pleadings.