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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 56,404,213 and the interest thereon from September 1, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company established for the purpose of insurance agency business on January 5, 2014.
B. A representative director of Defendant A was Defendant B at the time of establishment, but on June 23, 2014, he was appointed as an inside director, and Defendant B resigned from the same inside director. Since June 16, 2015, from E, and from May 4, 2016, each representative director was changed (the resignation and the appointment of a new inside director) to F.
C. Defendant C is registered as Defendant A’s auditor since its establishment.
Defendant C and B are married couple, and the occupation of Defendant C is the doctor, and Defendant B is the occupational father.
On the other hand, the current representative director of defendant A, F is the pro-friendly type of defendant C.
E. On April 4, 2014, Defendant A entered into an agency contract with the Plaintiff (hereinafter “instant agency contract”). At the time, the life insurance agency contract (Evidence A) entered into between the Plaintiff and the Plaintiff (hereinafter “instant agency contract”). In a case where Defendant B and the Defendant A, a corporation, have to refund all or part of the fee to the Plaintiff at the time, Defendant B and C, who were registered as the representative or officer of the Defendant A, are jointly and severally liable for the said fee. Defendant B and C are deemed to have signed a written confirmation (Evidence 1, No. 20) stating that they have sufficiently explained about the said content and agreed with the Plaintiff.
F. According to the instant agency contract, “in cases where all or part of the premiums received by the company are refunded to the policyholder due to the change, invalidation, termination, cancellation, etc. of the terms and conditions, etc. of the insurance contract dealt with, or the cancellation of the insurance contract, the relevant agency fee already paid shall be refunded to the company.”