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(영문) 부산지방법원 2015.08.25 2014가단214195
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. The Plaintiff was an insurance solicitor of Defendant Bosco Co., Ltd. (hereinafter “Defendant Company”) from November 29, 2010 to June 24, 2013, and the Defendant B is the head of the branch office of Defendant Company C.

B. On November 29, 2010, as the Plaintiff was commissioned as an insurance solicitor of the Defendant Company, the Plaintiff prepared the FC Agreement (hereinafter “instant Agreement”) and delivered it to the Defendant Company.

Article 4(2) of the present Agreement provides, “If a company returns its insurance premium to a contractor for any reason in connection with any insurance contract and terminates the contract, the relevant FC shall return the fees and other allowances paid to the contractor in relation to the insurance premium refunded as requested by the company to the company.” Article 17 of the present Agreement provides, “If this contract is terminated, all of the rights of the FC with respect to maintenance fees, premiums, and other salaries or payments, except for the first year fees, shall be immediately extinguished.”

C. On June 24, 2013, the Plaintiff drafted a written request for dismissal (No. 2; hereinafter “written request for dismissal”) at the time of termination of the instant agreement with the Defendant Company. Article 2 of the written request for dismissal of the instant case states, “The new insurance solicitation contract with the month of dismissal shall be paid in the following month, and all other fees, including the maintenance fee (the remaining allowances) shall not be paid after the date of dismissal.”

On the other hand, after the dismissal of the plaintiff, the advance payment fee to be refunded to the plaintiff pursuant to the redemption provisions of the agreement of this case by the defendant company after the dismissal of the plaintiff is KRW 7,150,119.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that Defendant B paid the full amount of the allowances without asking whether the Plaintiff left the office at the time when the Plaintiff was commissioned as an insurance solicitor of the Defendant Company.

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