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(영문) 서울중앙지방법원 2016.12.02 2015가단5297613
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 13, 2014, the Plaintiff entered into a contract with the Defendant to commission an insurance solicitor (hereinafter “instant commission contract”) and submitted an insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. to guarantee the Defendant’s nonperformance of the instant commission contract, and thereafter received KRW 7,00,00 (hereinafter “instant settlement fee”) from the Defendant as a settlement fee.

On September 2, 2014, for which three months have not passed since the date of the conclusion of the instant commissioning Contract, the Plaintiff sent to the Defendant a certificate of intent to dismiss (the termination of the instant commissioning Contract) and was dismissed at that time.

Seoul Guarantee Insurance Co., Ltd. sent a notice to the Plaintiff on January 2015 to the effect that “the Defendant was entitled to claim insurance amounting to KRW 6.93 million.” The said KRW 6.933 million is the amount equivalent to 90% of the settlement fee of this case (hereinafter “the instant restitution”) pursuant to Article 27(2) of the “BM Co., Ltd.’s Rules on Payment of Settlement Fees (No. 2013-1)” as follows.

B. The commission contract signed by the Plaintiff at the time of the instant commission contract (hereinafter “instant commission contract”) includes the following:

§ 3. [Period of Contract] Contract term of this commissioned contract shall be at least one year from the date of the execution of this contract.

(c) [Insurance Solicitation Fee] Article 6 (Insurance Solicitation Fee] (1) The Company shall sufficiently explain the terms and conditions of the Company related to the fees (such as the composition items, calculation method, specific payment method, redemption criteria, etc.) to the Master Pluter in the course of concluding commissioning contracts, and obtain consent from the Master Pluter. (2) The Company shall set the payment date of the fees to be paid to the Master Pluter and pay the fees in accordance with the payment standards within the fixed date.

On the other hand, the defendant's "BM."

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