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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 22, 2015, the Defendant was commissioned as an insurance solicitor of C Co., Ltd. (hereinafter “C”) (hereinafter “instant commissioning contract”), and consented to the performance payment guarantee insurance covering the obligation to return fees arising from the termination of the commissioning contract.
The instant commission contract includes the following fee recovery provisions (hereinafter referred to as “instant fee recovery provisions”):
Article 7 (Refund, etc. of Fees) (1) Where an insurance contract solicited by a designer has been returned to a contractor, such as the invalidation, cancellation, etc. under the terms and conditions of a product and the Acts, the company shall not pay any fees related to the relevant contract in accordance with the Insurance Business Guidelines, and the designer shall refund the fees already paid to the company under the condition that the contract has been effectively formed and maintained, and the detailed method and the redemption of other fees shall
Provided, That there is no obligation of the designer to return the invalid contract caused by the company's return to the company.
(2) Where a designer receives fees to be incurred in the future from the company on condition that the solicitation contract exists effectively, etc., the designer shall immediately return the advance payment for the portion unpaid, and the detailed methods and procedures therefor shall comply with the criteria for the payment of fees, if the effect of the advance payment is lost.
(3) If the provisions of the Insurance Business Guidelines provide for the dismissal of a designer who has been introduced separately under paragraphs (1) and (2) and the fees already paid due to the termination of this contract, the designer shall immediately refund the fees, and the detailed methods and procedures therefor shall comply with the criteria for the payment of fees.
④ Upon the occurrence of the causes for restitution set forth in paragraphs (1) through (3) above, the Company may set off against the obligation to pay the fees set forth in Article 5(1).