(영문) 서울남부지방법원 2019.09.27 2018가단240947

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.09.27 2018가단240947

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered into a business agreement with the Defendant around November 5, 2015, and served as a financial designer belonging to the Defendant from around that time to January 8, 2016.

The financial designer's business contract prepared at the time provides that "the defendant shall pay the prescribed fee for the financial product sold by the plaintiff (Article 3 (1)); the plaintiff shall pay the fee within 30 days from the date of receipt of the defendant's notification when the cause for the repayment of the fee arises due to the cancellation, cancellation, civil petition, etc. after the termination of this contract (Article 6 (1)); and the defendant's fee payment provision (Article 6 (2)) that applies to the plaintiff is stipulated as "the recovery of the fee according to the ratio of recovery of the fee for each product, the cancellation, termination (including quality guarantee, civil petition)" in relation to the recovery of the fee.

(C) After the Plaintiff’s retirement, two insurance contracts through the Plaintiff (contractor’s failure to pay insurance premiums after D once, and termination (quality guarantee) of G insurance due to failure to explain important terms and conditions of E terms and conditions, were invalidated and terminated. Accordingly, in accordance with the instant fee redemption provisions, the amount of KRW 808,000 (=360,000 KRW 448,000) which was paid to the Plaintiff related to the said insurance contract was recovered.

Therefore, the Defendant requested the Plaintiff to return the above fees from November 2017. However, on December 15, 2017, the Plaintiff did not return the fees, filed a claim for the guaranteed insurance with F on December 15, 2017, and received KRW 808,000 from F on March 7, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is based on the following: (i) and (ii) the Plaintiff asserted against the Defendant.

유사 판례

-부산지방법원 2017.02.15 2016가단10625

-서울중앙지방법원 2016.11.30 2015가합516606

-서울중앙지방법원 2015.03.25 2014나9969

-서울남부지방법원 2017.10.25 2017가단9484

-서울서부지방법원 2017.07.13 2016나3472