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(영문) 서울중앙지방법원 2017.05.16 2016가단5238079
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion explicitly stated that “no rate of maintenance exists” on the Defendant’s website and the front section of the Defendant’s publication. At the business presentation held on November 17, 2014, the Defendant’s representative director “C, at the time of the payment of fees after retirement,” did not explain the fact that there is a rate of maintenance at the time of the payment of fees after retirement, and the Plaintiff did not explain the fact that there is a rate of maintenance at the time of the payment of fees after retirement, and the Plaintiff was believed to have no conditions of maintenance at the time of the payment of fees after retirement and was engaged in insurance solicitation as the Defendant’s insurance solicitor on November 21, 2014 after receiving the written application for membership from the Defendant on November 21, 2014, and believed that there was no conditions of maintenance even after retirement. Accordingly, the Plaintiff was dismissed on August 18, 2015, and applied for dismissal on September 2, 2015.

Then, the defendant did not pay to the plaintiff fees because the maintenance rate is less than 70% and the defendant did not pay to the plaintiff fees. Ultimately, the defendant caused losses to the plaintiff by deceiving the plaintiff or failing to fulfill his duty to explain terms and conditions of commission. Thus, the defendant is obligated to pay the plaintiff the total amount of 13,101,049 won for unpaid fees from November 1, 2015 to August 2016, as compensation for tort, to the plaintiff, such as the gold inspector, the Fair Evaluation Board, and the Gangnam-gu Office, etc. for the purpose of resolving this issue, and to prepare a content certificate, etc.

2. According to each statement of evidence Nos. 1 through 12, 18, and 19, each statement of the advertising site published by the Defendant or article against the Defendant is only written that an insurance solicitor would pay the remaining recruitment fees even after retirement, and there is no mentioning the maintenance rate, conditions, etc., of the terms and conditions of the maintenance rate. However, the Plaintiff may recognize the fact that the Plaintiff submitted an application for membership on November 18, 2014, but the project explanation meeting held on November 17, 2014.

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