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(영문) 서울중앙지방법원 2016.09.23 2016나18523
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 28, 201, the Plaintiff was registered as the forest, and was dissolved on August 20, 2013 with D Co., Ltd.

(hereinafter referred to as “in-house director”) is a person who served as a representative of the company, and the defendant entered into an appointment contract with the non-party company around June 25, 2012 and was working as an insurance solicitor of the non-party company.

B. Around June 25, 2012, the Defendant received settlement support amounting to KRW 5,000,000 from a sub-committee company.

C. On November 27, 2014, LIG damage insurance company (former KB damage insurance company; hereinafter “LIG damage insurance”) requested the non-party company to pay KRW 577,164 out of the fees received by the non-party company during its business activities from March 9, 2012 to September 30, 2013. The non-party company paid KRW 577,164 to LIG damage insurance on December 10, 2014. The non-party company paid KRW 577,164 to LIG damage insurance on November 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, 17, and 27, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion has paid the Defendant the settlement subsidy of KRW 5,00,000 according to the insurance solicitor commission contract. However, the Defendant did not offer insurance pursuant to the above commission contract, and the Plaintiff paid KRW 577,164 to LIG damage insurance company as the Defendant terminated the insurance contract solicited by the Defendant. As such, the Defendant is obligated to pay the Plaintiff the settlement subsidy of KRW 4,70,000 and the amount of KRW 577,164, the sum of the redemption fee of KRW 5,277,164 and delay damages.

B. The defendant's assertion that the defendant concluded an insurance solicitor appointment contract with the non-party company and performed insurance solicitation activities under the commission contract. Since the Seoul Guarantee Insurance Company fully paid insurance proceeds to the non-party company, it cannot respond to the plaintiff's claim.

3. We examine the judgment, and the defendant's settlement subsidy from the non-party company.

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