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1.The judgment of the first instance shall be modified as follows:
Dr. Dr. alivexs entered into between the defendant and B.
Reasons
1. Basic facts
A. On September 6, 2007, the Plaintiff was commissioned as an insurance solicitor from the Defendant who mainly runs the insurance business, etc. (hereinafter “instant commission contract”), and was engaged in activities such as soliciting policyholders and maintaining insurance contracts.
B. On January 28, 2008, the Plaintiff recruited a pension insurance contract with the Defendant for the 45 years of age (five years of mandatory payment period), the maturity life, and the amount of insurance premium 510,000 per month (hereinafter “instant insurance contract”) under the instant commissioning contract. The Plaintiff received KRW 1,836,000 in total under the name of the Defendant’s subscription fees, etc.
C. The instant insurance contract is a kind of pension insurance product to which the death insurance money is to be paid in the event that the amount of the pension calculated based on the contractor's reserve (the amount calculated by deducting the net insurance premium and the estimated project cost from the net insurance premium) was paid at the interest rate publicly, and the amount is paid to the beneficiary for a life or for a certain period of time, and the insured dies before the commencement of the pension, and its main contents are as follows.
1) The policyholder shall pay the insurance proceeds within five years from the date of the initial subscription. 2) The sum of the amount calculated by calculating the stock price index and the rate of annual rate of annual rate of annual rate of the share price index and the insurance proceeds of the instant contract during the period of annual rate of annual rate of the share price index and the net insurance premium (referring to the amount calculated by deducting project costs, risk premiums, etc. from the paid insurance premium) shall be added to the amount calculated by calculating the rate of annual rate of annual rate of annual rate of the share price index and the amount calculated by calculating the rate of annual rate of annual rate of annual rate of the net insurance premium after the date of annual rate of the share price index.
3 If the stock price index falls, the amount calculated at the rate of 1.5% shall be the net premium.