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(영문) 서울중앙지방법원 2019.09.18 2018나35409
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows: ① (a) deleted the part of the second instance judgment No. 7; (b) deleted the part of the second instance judgment No. 10; and (c) subsequently, the Defendant entered into a new commission contract (Evidence No. 13 and Evidence No. 1-1) around December 2012 and re-commissioned contract with the Defendant (hereinafter “instant commission contract”) with the signature on a new commission contract (Evidence No. 13 and Evidence No. 1-1); (c) amendment of the first instance judgment’s “from the Defendant” to “from the Defendant,” and therefore, the same part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion that the plaintiff did not bear the obligation to recover fees following the termination of the commission contract of this case for the following reasons.

① The provision on the occurrence of the obligation to recover fees claimed by the Defendant (hereinafter collectively referred to as the “instant provision on the recovery of fees”) falls under the terms and conditions of the instant commissioning contract, but is not unfairly unfavorable since it imposes liability on an insurance solicitor, such as the Plaintiff even after dismissal, and thus, is subject to the Act on the Regulation of Terms and Conditions.

shall be null and void in accordance with Article 6.

② The Defendant, without any particular explanation, only received the signature by distributing the commission contract in a lump sum to the Plaintiff, did not deliver the commission contract properly, and did not explain the changed commission-related provisions in the course of re-commissioning on March 2012. Thus, the Defendant did not fulfill its duty to explain and explain the provision on the redemption of the commission in this case. As such, the instant fee restitution provision cannot be asserted as the content of the instant commission contract pursuant to Article 3(3) and (4) of the Act on the Regulation of Terms and Conditions.

(3) The termination or invalidation of each insurance contract stating the details of the collection of the attached fees shall occur after the plaintiff was dismissed from the insurance solicitor, and the details of the civil petition claimed by the insurance policyholder shall be included.

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