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(영문) 서울중앙지방법원 2016.11.22 2015가단5234490
채무부존재확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties is an insurance agency that agreed to conclude an insurance contract with Defendant KF Life Insurance Co., Ltd. (hereinafter “Defendant KF Life Insurance”) upon being entrusted with the sale of insurance products for Defendant KF Life Insurance and receive fees therefor.

In the event that the insurance premium of the Plaintiff’s insurance contract is not fulfilled for a certain period of time, the Plaintiff agreed to refund part of the fee that the Plaintiff received from Defendant DB life insurance.

Defendant A Co., Ltd. (hereinafter “Defendant A”) is a policyholder who has concluded an insurance contract with Defendant D non-life insurance as the broker of the Plaintiff.

B. (1) On December 26, 2013, Defendant A entered into an insurance contract with Defendant DF Life Insurance Co., Ltd. (hereinafter “each of the instant insurance contracts”) with respect to ① the policyholder, the insured, Defendant A, Defendant A, Defendant A, Defendant A, Insurance Premium 1,496,400, the payment period of KRW 40, the insurance period of 50, and ② the policyholder, the insured, Defendant A, the beneficiary C, Defendant A, Defendant A, Defendant A, KRW 1,495,70, the payment period of KRW 41, the insurance period of 41 years, the insurance period of 51 years, and the pure periodical insurance product that has no refund at maturity (hereinafter “each of the instant insurance”).

(hereinafter “each of the instant insurance contracts”). (2) Defendant A did not pay the premium from January 26, 2015, and Defendant DB life insurance terminated each of the instant insurance contracts on March 1, 2015.

C. (1) The occurrence of the dispute (1) Defendant A, around March 23, 2015, had been able to process the total amount of insurance premium from the Plaintiff as deductible expenses for corporate accounting at the time of the conclusion of each of the instant insurance contracts, but he was able to process it as deductible expenses for corporate accounting at the end of 2014.

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