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1. The Defendant shall pay to the Plaintiff KRW 45,364,465 and the interest rate of KRW 15% per annum from December 29, 2016 to the date of full payment.
Reasons
Basic Facts
On May 15, 2012, the Plaintiff, a company running insurance business, concluded a performance-based payment agreement with the Defendant on the assumption that the Defendant would conclude a commission contract for soliciting insurance contracts with the Plaintiff, under certain conditions, to pay special performance-based wages (SF, hereinafter referred to as “SF”) and monthly performance-based wages (MB; hereinafter referred to as “MB” in combination with SF and MB).
(2) The contract amount of this case (hereinafter “the contract of this case”) is an early payment of an amount equivalent to an amount under the premise that an insurance solicitor has achieved a certain performance in order to attract excellent insurance solicitors, apart from commission paid in return for efforts on the sexual history and maintenance of the insurance contract. According to the contract of this case, the Plaintiff is entitled to receive full or partial refund from the Defendant when it fails to meet the pre-determined criteria, such as the commission period, the maintenance rate of the insurance contract, and the achievement of the standard performance, after commissioning the Defendant as an insurance solicitor.
The Plaintiff and the Defendant concluded an insurance solicitation commission contract on May 21, 2012, and the Defendant was working as the Plaintiff’s insurance solicitor from May 21, 2012 to July 30, 2015.
From May 2012 to July 2013, the Plaintiff paid the instant contract amounting to KRW 193,103,911 under the pretext of SF, including KRW 91,085,234, and KRW 102,018,67 under the pretext of MB.
The Defendant shall return part of the agreed amount to the Plaintiff because it failed to achieve the performance goal set forth at the time of the instant agreement. The amount to be recovered is KRW 64,367,940, the fees and management allowances for the first year for which payment has been postponed, KRW 19,174,50, and KRW 171,045, and KRW 45,364,465, = 64,940, - 19,174.