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1. As to the Plaintiff KRW 40,000,00 and KRW 10,000 among them, the Defendant shall start from May 26, 2017 to May 8, 2019.
Reasons
1. Facts recognized;
A. The Plaintiff is a person who operated a D branch (hereinafter “Plaintiff branch”) affiliated with C Co., Ltd. (hereinafter “C”) running insurance business, and the Defendant entered into a commissioning contract with C (Evidence No. 6-2, hereinafter “instant commissioning contract”) and was commissioned as an insurance solicitor belonging to the Plaintiff branch from August 19, 2014 to July 6, 2017.
B. Article 7(4) of the instant commissioning Contract provides that “If an insurance solicitor is dismissed halfway due to the termination, etc. of this Agreement, the company shall not pay all performance fees, including maintenance fees, other than the monthly new contract fees, after the date of such dismissal.”
[Reasons for Recognition] Facts without dispute, Gap evidence 6, Eul evidence 7 (including abnormal numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the written evidence Nos. 1 and 2 of the loan Nos. 10,00,000 as of September 25, 2015, the examination results for the Defendant himself/herself, and the purport of the entire pleadings, the Plaintiff determined the amount of KRW 10,00,000 to the Defendant on September 25, 2015, and the interest rate of KRW 30,000 per annum (3.6% per annum) on September 25, 2015; the Defendant lent the loan without setting the due date; and the Defendant is recognized to have fully repaid the interest on the loan No. 10,000 by May 25, 2017.
Therefore, the Defendant is obligated to pay to the Plaintiff interest and delay damages calculated at the rate of 3.6% per annum from May 26, 2017 to May 8, 2019, the delivery date of the application for amendment of the claim of this case, and 15% per annum from the next day to the date of full payment.
In this regard, the defendant asserts that the above money was denied and that there was no obligation to return it because it was received from the Skypt.
However, the loan certificate(A), which is a disposal document, has been prepared, and the interest amounting to KRW 30,000 per month has been paid, and the defendant's statement has also been made.