구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Where an insurance contract solicited by an insurance solicitor is invalidated, invalidated, (including a violation of the obligation to deliver a copy of the terms and conditions and the written application, a violation of the obligation to explain the terms and conditions, a contractor and the insured's self-signing or omitting seals, etc.) or terminated the validity of the insurance contract due to recognition, etc., the company shall not pay fees, and the insurance solicitor shall promptly return the full amount of fees paid by the relevant contract to the company;
(2) If a company fails to refund a fee to the company even after a ground for the refund of the fee occurred, the company may claim against the surety insurance company the fee.
On June 5, 2012, the Defendant entered into a contract for commission of the Plaintiff’s Intervenor and insurance solicitor (hereinafter “instant commission contract”) with the Plaintiff’s Intervenor, and the contents relating to the instant case are as follows:
B. On July 12, 2012, the Defendant concluded a performance guarantee insurance contract (hereinafter “instant contract”) with the guaranteed amount of KRW 7 million in order to guarantee the repayment of the obligation to refund the fees under the instant commissioning contract with the Plaintiff.
C. According to the fee regulations of the Plaintiff’s Intervenor’s Intervenor, if an insurance solicitor concludes a new contract, he/she shall pay subscription fee ①, but the fee shall be refunded at the time when the contract becomes void (paid payment - refund fee ? 100%) 24 times or less, when a cause for non-maintenance occurs, such as termination, cancellation, etc. (at the time of occurrence of reasons for non-maintenance, such as cancellation, termination, etc. (the amount received ? 24-Maintenance) / 24 times or less, and after May 2012, he/she shall be paid subscription fee ② for the following month when the contract entered into by an insurance solicitor is paid two or twenty-four times after the payment of the premium, and upon the occurrence of a reason for cancellation after termination, the insurance solicitor is required to fully return the subscription fee ② paid due to the relevant contract, and the settlement fee ② paid