1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. A was commissioned as the Defendant’s insurance solicitor on October 1, 2007, and was dismissed on October 14, 2008.

B. On October 1, 2008, the Plaintiff entered into a performance guarantee insurance contract (attached Form 2; hereinafter “instant contract”) with the insured with A as the Defendant and with the content that A guarantees the obligation to return, such as insurance solicitation fees, etc. to be borne by A against the Defendant.

C. On July 13, 2009 and June 9, 2011, after the Defendant was dismissed, the Defendant demanded that the Plaintiff pay KRW 10,922,978,00,00,00,000 to the Plaintiff, based on the instant contract.

【Ground for recognition】 There is no dispute

2. Assertion and determination

A. (1) The plaintiff asserts that there is no obligation of the plaintiff to pay the insurance money to the defendant since the existence of the insurance accident under the contract of this case and the amount of recovery to be returned to A is unclear.

(2) The Defendant asserts that the amount of insurance money claimed to the Plaintiff is reasonable calculated in accordance with A’s commission contract and fee payment guidelines.

(b) relevant facts and determination (1) - Insurance solicitors pay subscription fees, maintenance fees, etc. on the premise that the insurance contracts solicited by the insurance solicitors are normally maintained for a certain period and the insurance premiums are deposited, and where the insurance contracts are invalidated due to cancellation, termination, etc. of order before the expiration of that period, the amount calculated by deducting the portion proportional to the contract maintenance period from the monthly commission, reserve (BP and Balo) and then recovering the remainder;

- The initial settlement commission shall be paid to support the stable settlement of the insurance solicitor and the amount shall be recovered from the 13th month of the commission (if the insurance solicitor is previously dismissed, the following month of the dismissal) less one million won.

㈎ 피고와 보험설계사 사이의 위촉계약에 적용되는 ‘설계사 수당지급지침’은 선지급된 수수료 등의...