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(영문) 서울중앙지방법원 2018.04.17 2017가단5057062
손해배상(기)
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3.

Reasons

1. Determination as to the main claim

A. Fact 1) The Defendant was a representative director of the Plaintiff company engaged in insurance agency business from June 2, 2015 to October 8, 2015, and was led to the establishment of the Plaintiff company, and was also serving as an insurance solicitor of the Plaintiff company. 2) If the Defendant concludes an insurance contract with the Plaintiff’s designer who belongs to the Plaintiff company, and the policyholder pays the insurance premium, the raw insurance company shall pay the relevant fee to the Plaintiff, and the Plaintiff shall deduct the same expenses as income tax, etc. from the said fee, and then pay the difference to the insurance solicitor same as the Defendant again.

On the other hand, where the insurance contract solicited by the defendant is invalidated or terminated, the raw insurance company shall recover from the plaintiff, and again the plaintiff shall recover a certain portion of the insurance commission already paid by the insurance solicitor such as the defendant in order.

3) From the end of May 2015 to the end of September of the same year, eight of the insurance contracts recruited by the Defendant was invalidated or terminated between October 2015 and the end of February 2016, and the amount to be recovered therefrom is KRW 155,326,210. 4) Meanwhile, the Defendant loaned or lent the Plaintiff’s funds to the Plaintiff Company by managing and establishing the Plaintiff Company. The sum is KRW 339,145,489. The sum is KRW 135,032,580, and the Defendant’s credit amount against the Plaintiff is KRW 204,112,909.

B. According to the above facts of recognition, the defendant is obligated to pay the above amount of KRW 155,326,210 to the plaintiff.

However, according to the defendant's declaration of set-off, if the plaintiff's claim is set-off against the plaintiff with the above 204,112,909 won against the plaintiff, the plaintiff's claim for recovery against the defendant was extinguished in the end.

C. According to the theory of lawsuit, the plaintiff's main claim against the defendant is without merit.

2. Judgment on a counterclaim

A. The Defendant’s defense to this effect is related to “C.”

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