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(영문) 서울고등법원 2017.05.19 2016나2074256
채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for dismissal or addition as set forth in the following paragraph (2). Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 5 pages 5 of the reasoning of the judgment of the court of first instance that is dismissed or added, the following shall be added:

[Additionally, the provisions on the payment and redemption of allowances directly affect the revenues of insurance solicitors, which are important matters in deciding whether to conclude a commission contract, and each performance guarantee insurance policy submitted by the plaintiffs to the defendant at the time of each commission contract of this case appears to include "all kinds of subsidies (including settlement allowances) for insurance companies" as the subject of the performance guarantee. Meanwhile, the precedents cited by the plaintiffs are different from this case, and thus, they cannot be invoked as follows, among the grounds of the first instance judgment, 5 pages 8 of the 1st instance judgment.

In addition to the following circumstances, inasmuch as an insurance company does not provide for the types, details, etc. of the allowance to be paid or recovered by an insurance company to an insurance solicitor, the insurance company’s payment of allowances to the insurance solicitor and the amount to be recovered in any case is, in principle, a matter to be determined by private autonomy between the parties (see, e.g., Supreme Court Decisions 2012Da18694, Oct. 31, 2013; 2012Da31468, Oct. 11, 2013). In addition, the following is added to the five first instance judgment on the grounds of the first instance judgment, which is the first instance judgment, as follows.

③ Furthermore, in addition to the above circumstances, when an insurance solicitor, who is commissioned as the plaintiffs, work for a short period and is dismissed, the defendant shall be dismissed.

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