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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the term “resumed amount of the award relating to damage insurance and life insurance” under Section 15 of the first instance judgment, i.e., the term “resumed amount of the refund relating to damage insurance and life insurance,” and (b) the term “resumed amount of the refund relating to damage insurance and life insurance” is as stated in the reasoning of the first instance judgment, except for addition of the judgment as to the Plaintiff’s assertion as
2. The Plaintiff asserts that the instant right to collateral security was established in order to secure against the occurrence of the Plaintiff’s obligation to recover fees against the Defendant due to the Plaintiff’s failure to maintain an insurance contract recruited by the Plaintiff. Thus, the instant right to collateral security is merely a secured obligation and, in addition, a policy relating to non-life insurance and life insurance, and a obligation to pay redemptions relating to the award of a contract for attracting jobs does not constitute a secured obligation.
In light of the following: (a) the instant right to collateral security was established in the course of the Plaintiff’s work as an insurance solicitor after concluding a commission contract with the Defendant; (b) the Defendant’s restitution of fees, policies, and awards paid to the Plaintiff would be a business process of the Defendant; and (c) there was no reason to regard only the Defendant’s obligation to pay the collection of fees, except for policies and awards, as the secured obligation of the instant right to collateral security; and (d) the Plaintiff voluntarily expressed in the complaint that the Plaintiff created the instant right to collateral security in order to secure the Defendant’s losses incurred to the Defendant in the course of performing his/her business activities. In light of the above, the instant right to collateral security was entirely the Plaintiff’s obligation to the Defendant arising in connection with the commission contract with the insurance solicitor.