기타(금전)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. Facts of recognition;
A. On February 2, 2015, the Plaintiff entered into an insurance solicitor contract and its subsidiary agreement with the Defendant, and the main contents are as follows.
Article 6 (Insurance Solicitation Fees) (1) A company shall determine the payment date of fees to be paid to a designer and shall pay fees in accordance with the payment standards within a fixed date.
Article 14 (Minimum Standards for Entrustment Contracts) A company may determine the standards for continuing the entrustment of insurance solicitation by a designer, and shall specify such standards in annexed documents to the entrustment contract.
Article 8 (Recovery of Fees and Preferential Deduction) (1) The fees shall be recovered within the scope of fees paid for contracts falling under any of the following subparagraphs:
1. Where the insurance contract is withdrawn, cancelled or invalidated;
2. Where a general or automobile insurance contract is cancelled or terminated;
3. 품질보증제도 미준수로 인해 �약이 해지된 경우
4. Where a long-term/pension contract has been invalidated or terminated within a minimum period of time;
B. On February 10, 2015, the Plaintiff commissioned the Defendant as an insurance solicitor, but dismissed on April 1, 2016.
The plaintiff paid fees for the insurance contract that the defendant recruited during the above period.
C. The Defendant did not normally maintain the insurance contract recruited by the Defendant, and the cause for restitution occurred due to withdrawal, cancellation, invalidation, termination, etc., and the amount to be recovered by the Defendant is KRW 1,508,567.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The assertion and judgment
A. According to the above findings of determination as to the cause of the claim, since the defendant did not normally maintain the insurance contract recruited by him and the cause of recovery occurred, the defendant is obligated to return KRW 1,508,567 out of the fee to the plaintiff pursuant to the above restitution provisions.
B. The Defendant’s judgment on the Defendant’s assertion is from the Plaintiff.