1. The Defendant shall pay to the Plaintiff KRW 41,493,627 and the interest rate of KRW 15% per annum from June 23, 2016 to the date of complete payment.

1. Basic facts

A. The plaintiff is a corporation that is engaged in insurance agency business, etc., and the defendant is an insurance solicitor who entered into a contract for the commission of the insurance solicitor (FP) with the plaintiff.

B. Article 7(2) of the commissioning Contract entered into between the Plaintiff and the Defendant provides that “In the event that the relevant insurance contract is compensated for liability with the FP’s negligence, etc. after the advance payment of all the fees related to the insurance contract solicited by the FP, or the contract becomes null and void due to the cancellation of order, etc., the FP shall promptly refund the full amount of the fees received from the relevant contract to the company,” and Article 7(6) of the same Act provides that “The specific matters related to the return of other fees shall comply with the company’s separate regulations and redemption standards, etc.

C. The Defendant’s eight insurance contracts recruited while serving as the Plaintiff’s insurance solicitor was invalidated, and the Defendant’s advance payment fee to be returned to the Plaintiff under the above commissioned contract is KRW 41,493,627 as shown in the attached Table.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from June 23, 2016 to the day of full payment, which is the day following the delivery of the instant complaint, to the day of complete payment.

B. The defendant's assertion 1) asserts that the defendant did not make unjust enrichment since he remitted all the fees that the defendant received in connection with the solicitation of insurance to the plaintiff's account B. However, as seen earlier, as long as the defendant solicited the insurance contract under the name of the defendant and received the fees from the plaintiff, the return of unjust enrichment or the return of fees under the above commissioning Contract occurs, and the defendant received as alleged by the defendant.