A. Defendant (Counterclaim Plaintiff Co., Ltd.) (hereinafter “Defendant Co., Ltd.”) is a corporate insurance agency under the Insurance Business Act, which is a company engaged in the sales, maintenance, and management of insurance products upon entrustment of insurance solicitation business, etc. from multiple life insurers and non-life insurers.

Defendant C is the wife of the Head of Busan District Office.

B. On May 14, 2013, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) concluded a commission contract with Defendant Company and an insurance solicitor (TFA) (hereinafter “instant commission contract”) and performed the entrusted duties as the insurance solicitor of the Defendant Company, and terminated the instant commission contract by agreement with the Defendant Company on March 24, 2015.

【Ground of recognition】 The fact that there has been no dispute, Eul 5 evidence, and the purport of the whole pleading

2. Determination on the main claim

A. On May 22, 2014, the Plaintiff terminated the instant commissioning contract with the Defendant Company, and agreed to refund the amount of KRW 20 million out of KRW 30,000,000,000, which was received at the time of the instant commissioning contract, to the Defendant Company, and to settle the account with the commission to be returned to the Defendant Company. The amount of KRW 20,747,309, which was already refunded by the Plaintiff. Here, the Defendant Company is obligated to refund KRW 9,252,69,00 to the Plaintiff upon deducting the commission to be refunded by the Plaintiff. 2) The Defendant Company forced the Plaintiff to pay the Defendant’s insurance premium to the Plaintiff on behalf of the Defendant Company, which constitutes an unfair conduct prohibited under Article 85-3(1)8 of the Insurance Business Act. Accordingly, the Defendants are obligated to refund the said premium to the Plaintiff.

B. There is no proof of the Plaintiff’s assertion.

Rather, in full view of the purport of the entire pleadings in the statement Nos. 1 through 4 (including serial documentary evidence), the Plaintiff entered into the instant commissioning contract and then the head of the Busan Busan Project Association E is one of its major customers.