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(영문) 서울서부지방법원 2017.05.18 2016가단34871
채무부존재확인
Text

1. The Plaintiff’s obligation to recover advance payment fees for the Defendant [the Plaintiff and Seoul Guarantee Insurance (the guaranteed amount between the Plaintiff and the State) 10 million won.

Reasons

1. Basic facts: ① the Plaintiff entered into an insurance contract with the Defendant on February 30, 2014 and received solicitation fees and maintenance fees according to the insurance contract solicited by the Defendant as an insurance solicitor belonging to the Defendant’s GLI branch from the time around that time until June 30, 2015; ② the Defendant transferred the management business of the said insurance contract to another insurance solicitor belonging to the Defendant without paying the maintenance fees for the insurance contract recruited by the Plaintiff after the Plaintiff was dismissed on June 30, 2015; ③ the Plaintiff paid maintenance fees to the insurance solicitor; ③ the fact that the Plaintiff entered into an insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as “Seoul Guarantee Insurance”) to secure the obligation to recover advance payment fees to the Defendant at the time of the commission; or the fact that the Plaintiff entered into the insurance contract with the guaranteed insurance amount of KRW 10 million with the Defendant on June 30, 2015 can be acknowledged in full view of the whole purport of pleadings as stated in subparagraphs A and B evidence.

2. The party's assertion and determination are as follows: (a) under the circumstance that the defendant did not pay approximately KRW 30 million of the maintenance fee after the dismissal (amounting to KRW 13,101,000,000) to the defendant, the plaintiff asserts that it is improper to seek payment of the obligation to recover the fee upon the termination of the insurance contract recruited by the plaintiff through Seoul Guarantee Insurance (amounting to KRW 12,222,667). Accordingly, the defendant asserts that the maintenance fee after dismissal is not paid pursuant to the terms and conditions included in the commissioning Agreement, while the defendant is liable to recover the fee already received after dismissal.

With respect to any insurance contract solicited by the relevant insurance solicitor even after his/her insurance solicitor has been dismissed, setting aside a maintenance fee during the period of contract maintenance, and paying in lump sum the remainder after deducting the amount to be recovered, etc. from the termination of the insurance contract, the relevant insurance solicitor shall be an insurance contract already recruited.

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