Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On August 19, 2011, Defendant A entered into a contract with the Plaintiff for commission of the insurance solicitor (hereinafter “instant commission contract”), and agreed to refund fees paid in accordance with the Plaintiff’s fee provision. Defendant A, his father, concluded a financial guarantee agreement with the effect that Defendant A, the father of Defendant A, took the guarantee limit of KRW 20,000,000 on September 8, 201, jointly and severally liable for Defendant A’s obligation to refund the said fee.
B. Defendant A was dismissed from the Plaintiff on February 2012.
C. Of the insurance contracts concluded by Defendant A, the insurance contracts subject to redemption, redemption rate, and fees are as shown in the attached Form. The Plaintiff’s loan balance against Defendant A is KRW 3,998,196.
Meanwhile, Defendant A’s SBF reserve amounts to KRW 2,048,427, the remaining fees to KRW 143,547, and the amount to be recovered from income deduction to KRW 1,270,100, the sum of the amounts that the Plaintiff accrued to Defendant A is KRW 3,462,074.
According to Article 15(4) of the instant commissioning Contract and Article 7(a) of the “Business Regulations and Criteria” inside the Plaintiff, the Plaintiff paid allowances to the insurance solicitors in accordance with the criteria for the payment of team members allowances set separately by the Plaintiff, and the dismissed insurance solicitors shall not be paid any more allowances. [Grounds for recognition] The fact that there is no dispute, and the purport of the entire arguments and arguments (each statement including each number of numbers, and the purport of the whole pleadings).
2. According to the facts of the determination as to the cause of the claim, Defendant A is obligated to return KRW 25,192,932, including the sum of the fees for recovery due to the invalidation or termination of the insurance contract that he/she has arranged, and the balance of the loans KRW 3,98,196,00. Defendant B is obligated to return the said amount within the scope of KRW 20,00,000,000, which is the guarantee limit, as the financial guarantee of Defendant A.
Therefore, the Defendants are jointly and severally liable for payment from the said money to Defendant A, as the Plaintiff seeks, 3,462.