(영문) 서울중앙지방법원 2019.05.09 2018가단19055

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(영문) 서울중앙지방법원 2019.05.09 2018가단19055

채무부존재확인의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion was commissioned as an insurance solicitor (FC) of Defendant Incheon Branch on July 2016, but the head of Incheon Branch ordered the Plaintiff to commit a tort, and did not pay a reasonable maintenance fee. The provision on the collection of commission under the commission contract did not hear an explanation or did not consent to the Plaintiff, and the Defendant’s failure to deliver the commission contract violates the Insurance Business Act, and there was no reason to dismiss the Defendant. The Plaintiff’s claim against the Defendant for the maintenance fee against the Defendant was set off against the Plaintiff’s obligation to recover.

2. The statement in Gap evidence No. 1 and No. 4 submitted by the plaintiff alone is insufficient to acknowledge the above assertion, and there is no other evidence. However, according to Eul evidence No. 1, the plaintiff signed and submitted to the defendant a commission contract clearly stating the contents of the recovery of fees at the time of commission contract. According to this, the defendant is obligated to dismiss the fees if the payment of the fees is made in advance on the premise that the payment of the fees is made in two or three years of a new insurance contract entered into by FC or three years of a normal deposit, and the payment of the fees is not made in advance on the ground that the premiums are not paid in advance for the reason of the invalidation, cancellation, etc., and the fees paid at the time of the new contract are recovered for a period of 13 months or 24 months, and the fees paid at the time of the termination shall be recovered from the fees paid at the time of the termination, and even if the FC is dismissed, the relevant unpaid balance shall be recovered without delay, and the defendant shall not be obliged to pay the fees if the FC is entrusted.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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