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1. The Plaintiff:
A. Defendant A’s KRW 34,013,413 and the interest rate of KRW 15% per annum from May 2, 2017 to the date of complete payment.
Reasons
The plaintiff asserted by the parties against the defendant A, who was an insurance solicitor of the plaintiff company as the head of a branch office or an intermediate insurance solicitor of the plaintiff company, seeking the return of KRW 882,913 out of 50% of the settlement fees for the branch office (hereinafter referred to as "settlement fees") and the performance fees.
According to the Plaintiff Company’s “Business Rules in the FP Business Sector” (hereinafter “Business Rules”), “The redemption of settlement fees shall be exempted at the time of the Plaintiff’s employment as the head of a branch office for at least two years, and shall be added up in the tenure of office at the time of conversion into the status as an intermediate insurance solicitor,” and the Defendant A served as the business head of the Plaintiff Company from June 201 to November 2013, as an insurance solicitor, for at least two years, the settlement fees shall not be recovered.
Judgment
Facts of recognition
Defendant A is a contract for appointment of the head of a branch office (Prerech Mager and one name PBM) with the content of receiving settlement fees of KRW 5 million per month from June 24, 2011 to November 30, 2012 with the Plaintiff operating an insurance business.
hereinafter referred to as “PB commissioning Agreement”
A) Around that time, the Plaintiff’s border headquarters F Branch was working as the Plaintiff’s border headquarters F Branch. The head of the Plaintiff’s business family branch office concurrently has the status of life insurance solicitors (Finci P), and the Defendant A also entered into an FP commissioning Agreement around June 201, in addition to the Plaintiff’s PBM commissioning Agreement.
Under the business rules of the plaintiff, the settlement fee shall be recovered when the PBM is removed within two years from office.
Provided, That where status is converted to SM (Salser and one-person SM), the delegation period shall be deemed not dismissed and the delegation period shall be calculated.
‘Unless otherwise stipulated in the commissioning Contract of this case, the business rules are included.