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1. The Defendant shall pay to the Plaintiff KRW 66,765,311 as well as 20% per annum from June 17, 2014 to the day of full payment.
Reasons
1. Basic facts
A. On September 1, 2013, the Plaintiff, a corporation engaged in insurance agency business, entered into a contract with the Defendant for commission of insurance solicitors (hereinafter “instant commission contract”) with the content that: (a) perform the business of concluding contracts for insurance, financial instruments, and service products; and (b) perform the business of maintaining and managing insurance contracts; and (c) pays fees pursuant to the business management regulations established by the Plaintiff.
B. The Defendant was dismissed on March 11, 2014 while performing duties, such as the brokerage of conclusion of insurance contracts in accordance with the instant commissioning contract.
C. The Defendant is acting as an intermediary for entering into an insurance contract, etc. in accordance with the instant commissioning contract and was paid fees in accordance with the fee payment regulations set by the Plaintiff.
However, the above fee rules stipulate that if an insurance solicitor who has entered into a commission contract fails to collect an insurance contract for a certain period (18 to 24 months for life insurance, 12 months for non-life insurance) and becomes effective for termination, a certain amount of the fee paid by the plaintiff shall be recovered.
Of the insurance contracts solicited by the Defendant until the contract of this case was concluded and dismissed, 5 life insurance cases of Mteft life, 2 cases of life insurance of Samsung Bio-resources, 2 cases of life insurance of Eastyang Life Insurance, 5 cases of life insurance of Mtez fire, and 4 cases of modern marine insurance were effective early termination without the agreed term.
According to the above fee payment provision, the sum of the fee for recovery due to each earlier termination is 22,512,450 won.
In addition to fees paid to the Defendant based on the subscription performance according to each insurance contract, the Plaintiff paid KRW 85,41,673 in total with incentives based on the total performance from September 2013 to January 2014. The amount of incentives recovered to be refunded as 85 items of the insurance contract recruited by the Defendant have expired earlier termination shall reach KRW 33,360,749.
E. The defendant worked as Jink Co., Ltd. B, and entered into the instant commissioning contract with the plaintiff.