환수금
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. Facts of recognition;
A. On February 1, 2008, the Plaintiff, which is an insurance company aimed at the insurance business, entrusted the Defendant with the duties of mediating the conclusion of insurance contracts and maintaining and managing contracts, etc., and entered into a contract for the commission of insurance solicitors (hereinafter “instant contract”) to pay fees in accordance with the “FP channel Business Rules” as set by the Plaintiff (hereinafter “instant business rules”).
B. Pursuant to the instant contract, the Defendant, from February 1, 2008 to November 7, 201, performed the business of soliciting insurance, etc. while serving as the Plaintiff’s insurance solicitor.
C. According to the instant contract, the Plaintiff is obligated to pay the Defendant fees under the business rules of the instant case, and the Plaintiff is obligated to recover all or part of the fees already paid in the event the grounds for redemption under the said rules arose.
【Sales Performance Fee】
(a) Subject to payment: FP in office at us, which took place at the beginning of the first year of conversion into that month;
(b) When a contract is invalidated, such as cancellation, etc.: Where the amount is not maintained, such as a full recovery 2) invalidation, cancellation, etc.: Where the amount to be recovered is recovered in excess of the fee received for the month in which the amount to be recovered is recovered, the amount to be recovered shall be carried forward;
(c)in the case of termination ( null and void) of the standards of recovery stated in [1] [1] (2) the standards of recovery shall apply mutatis mutandis and 2], the full amount of the fees paid under the relevant contract shall be recovered;
D. Of the business regulations of this case, the payment and restitution of fees are as follows:
E. After the Defendant’s suspension of the Plaintiff’s insurance solicitor’s business, the amount of recovery is KRW 9,792,433 when calculating the amount of recovery in accordance with the business regulations of this case among the fees that the Defendant collected in advance due to non-maintenance (e.g., effect, cancellation, termination, etc.) of the insurance contract among the insurance contracts solicited by the Defendant. The Defendant did not pay KRW 9,5
[Ground of recognition] Unsatisfy, Gap, 1.