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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On February 20, 2012, the Defendant entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the Plaintiff and acted as an insurance solicitor of the Plaintiff.
B. The instant commission contract provides for the following matters: (a) the Defendant performs incidental business activities, etc. to mediate the conclusion of insurance contracts with respect to the Plaintiff’s insurance products and to maintain and manage the contract; and (b) is to receive fees from the Plaintiff in return, as well as the payment criteria
Article 6 (Fees for Insurance Solicitation) (1) Company shall meet the criteria for the payment of fees for insurance business guidelines set by the Company, '1. The criteria for the payment of fees for insurance business guidelines"; hereinafter referred to as "standards for the payment of fees").
(1) In the event that an insurance contract solicited by an architect is returned to the contractor due to the cancellation, return, invalidation, cancellation, termination, etc. of the subscription, the Company shall not pay the fees related to the contract any longer, and the designer shall refund the full amount of the fees paid in accordance with the contract to the Company.
(2) In addition to paragraph (1), where an insurance contract is maintained for a specified period of time among fees paid by the company, and a designer receives fees to be incurred in the future from the company on condition that the solicitation contract exists effectively and the effect of such advance payment is lost, the designer shall immediately refund the advance payment for the unpaid portion, and other grounds for redemption shall be separately determined by the guidelines
3. Upon occurrence of any of the foregoing events, the Company may set off the obligation to pay the fees specified in Section 6(1) and, upon occurrence of any of the unpaid balance, the designer shall immediately pay the unpaid balance, and at the time of default, the Company shall make a claim for performance bond, etc. subscribed by the designer