beta
Text
1. The Defendant shall pay to the Plaintiff KRW 150,693,969 as well as 20% per annum from July 5, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The relationship 1) The Plaintiff is a company with the principal interest in insurance agency business, and the Defendant has a branch office and branch office in each area across the country. 2) The Defendant, from February 2012 to June 2012, as the Plaintiff’s global branch C branch staff, and from June 2012 to August 2012, as the Plaintiff’s global branch D branch office, engaged in insurance solicitation business.
B. The Plaintiff’s pre-payment of insurance solicitation commission against the Defendant was made in advance between February 2, 2012 and August 2012, and between February 201 and August 2012, the Defendant paid 397,107,789 won to the Defendant as an insurance solicitor.
C. 1) However, among the insurance contracts solicited by the Defendant, 73 cases among the insurance contracts solicited by the Defendant as an insurance solicitor were not maintained for a certain period of time due to the contract cancellation, termination, invalidation, etc. (2) Meanwhile, the Plaintiff and the Defendant provide that “where the Plaintiff pre-paid the insurance solicitation fee to the Defendant, and the pertinent insurance contract is not maintained due to the loss of effect, etc., the Defendant shall refund the fees related to the pertinent insurance contract to the Plaintiff.” Thus, the Defendant’s pre-paid fees related to the 73 insurance contracts which the Defendant has not been maintained for a certain period of time are total of 150,693,969 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 9 (including branch numbers), and the purport of the whole pleadings
2. According to the allegations and the facts of the above recognition, the Defendant’s lawsuit promotion, etc. is clearly conducted from July 5, 2014 to the day of full payment, as the Plaintiff seeks, on the records, from KRW 150,69,93,969, total of the fees that the Plaintiff received in advance with respect to the 73 insurance policies that have not been maintained for a certain period, and on the following day after the copy of the instant complaint was served to the Defendant.