구상금
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. On October 15, 2012, the Defendant, as an insurance solicitor of the Plaintiff’s Intervenor, concluded a commission contract (hereinafter referred to as “instant commission contract”) under which the Plaintiff’s Intervenor was entrusted with the duties of mediating the conclusion of the insurance contract, maintaining and managing the insurance contract, etc., and the Plaintiff’s Intervenor was paid fees from the Plaintiff’s Intervenor.
On October 16, 2012 following the date following the conclusion of the instant commissioning contract, the Defendant concluded a payment guarantee contract for the Defendant’s obligation to return various subsidies (including settlement allowances) to the Plaintiff’s Intervenor (including settlement allowances) with the amount of insurance coverage of KRW 2.2 million between the Plaintiff and the Plaintiff as the Plaintiff’s Intervenor, and the Defendant’s payment guarantee contract for the Defendant’s obligation to return the fees to the Plaintiff’s Intervenor with the amount of insurance coverage of KRW 5 million (the title of the contract, the PA settlement guarantee, the following “the first guaranty insurance contract”).
On October 9, 2012, prior to the conclusion of the instant commissioning Agreement, the Defendant, as an insurance solicitor of the Plaintiff’s Intervenor, made a written confirmation of supplementary education to confirm that the Defendant received education and accurately understood relevant regulations about the provision on subscription contract allowance and other allowances (i) monthly limit of commission set in the PA channel, ② the provision on redemption of settled advance payment fees, and the provision on restitution of failure to maintain the contract, etc., ③ the standards for redemption of settled advance payment fees on the PA status (recollection when the PA status falls short of the standard for settlement rate in the PA status): and submitted it to the Plaintiff’s Intervenor.
However, the PAP of the Plaintiff’s PA channel fee provides that if the PA of the Plaintiff’s PA is dismissed before the 13th month, the full amount of the payment shall be recovered at once and the guaranteed insurance shall be processed when the failure to refund occurs.