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(영문) 서울중앙지방법원 2016.07.12 2014가단855
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 20, 2012, when concluding a non-life insurance agency contract with the Defendant, the Plaintiff entered into an agreement on agency commission (Evidence A 5; hereinafter “instant agreement”) with the following terms and conditions (only “this case’s agreement”).

Article 1 (Agency Fees) (i) The Company shall pay agency fees for insurance contracts dealt with according to the rate of commission set by the Company.

Reference Agency shall, where an insurance contract is canceled, return to the company the agency fees corresponding to the portion not yet paid if the contract is terminated, and if there is an agency fees to be paid to the agency, the company shall first deduct the corresponding amount from the agency fees to be paid:

Article 12 (Guarantee Insurance) (1) In order to prevent damage caused by the agency's failure to refund its obligations to the agency's recruitment allowances, the company may request the agency to purchase performance guarantee insurance at the same time as this contract is concluded, and the agency shall prepare a statement of personal credit information and a written consent to provide when concluding this contract.

Article 13 (Compensation for Damages of Agency) (1) Where the agency has inflicted damage on the company in violation of the principal contract and the agreement between the company and the agency (including where the agency compensates the policyholder, etc. for the damage inflicted on the policyholder, etc. in making an insurance collection), the agency shall compensate for the damages arising therefrom.

In the case of paragraph (1) above, the company may deduct the agency from the fees, etc. payable to it.

B. In order to guarantee the payment of the insurance company’s obligation to return fees to the Defendant, the Plaintiff, as indicated in the attached list with Seoul Guarantee Insurance Co., Ltd., and the attached list, guarantees the payment of the Plaintiff’s obligation to return fees to the Defendant, with the Seoul Guarantee Insurance Co., Ltd. amounting to KRW 20 million from February 20, 2012 to February 19, 2014.

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