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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. Facts of recognition;
A. On October 28, 2010, the Plaintiff entered into a contract with the Defendant to commission the Defendant (hereinafter “instant commissioning contract”) with a branch of “B” (B) of the “B branch”, which recruits subscribers to the insurance sold by the Plaintiff.
At the bottom of the defendant of the "B branch", more than 20 insurance solicitors who will work in the SMager and FA class were also the defendant and entered into a commissioning contract with the plaintiff.
B. (1) The Plaintiff shall pay the fees under the name of “settlement subsidy” to the person who enters into a contract for a new insurance solicitation business, as prescribed by the bylaws.
The contents of the relevant provisions are as follows:
Article 1 of the Regulations on Payment of Fees [Types of Fees and Definitions of Terms]
1. Items of fees;
(f) Settlement support fees (1) A company may pay settlement support payments to new clients and new clients for their initial settlement, and detailed implementation matters shall be determined and implemented by the representative director.
Article 3 [Limits on Payment of Fees and Establishment of Business Guarantee)
2. All clients for the establishment of a business guarantee shall set up a business guarantee through SC reserve or guarantee insurance, and in the absence of a business guarantee, the company may withhold the payment of fees and all other money.
SC(credit reserve ① The Company shall pay SC reserve after deducting the SC reserve within the limit of 10% of the monthly calculation commission, and the SC reserve shall not exceed KRW 10,000.
(3) In cases of recovery of fees and other debts owed to a company, a company may preferentially deduct them from the SC reserve.
(b) The commissioned person shall purchase a performance guarantee insurance equivalent to the amount subscribed for each position;
20,000,000 won for subscription amount of 20,000,000 won for 20,000,000
(c) Where settlement support fees are paid, a guarantee insurance shall be purchased separately for each beneficiary only;