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1. Defendant A shall pay to the Plaintiff KRW 38,260,895 as well as 20% per annum from April 1, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff entered into an entrustment contract with Samsung Life Insurance Co., Ltd. (hereinafter “T&T”) and received fees from Samsung Bio-resources based on its performance after being entrusted with insurance sales. Defendant A, from September 2010, recruited the Plaintiff as an insurance solicitor and received fees from the Plaintiff based on its performance.
B. On November 9, 2010, Defendant J, the father of Defendant A, and Defendant B, the spouse of Defendant A, were jointly and severally liable with Defendant A when Defendant A caused damage to the Plaintiff by intention or negligence. The letter of credit guarantee (hereinafter “instant letter of credit guarantee”) was prepared and delivered to the Plaintiff.
C. From January 201 to December 2011, Samsung Bio-resources claimed the return of KRW 81,525,617 out of the Defendant A’s fee and KRW 18,875 out of the Plaintiff’s representative fee and KRW 24,853,853 out of the Defendant A’s fee and KRW 18,427,875,728 of the insurance contract concluded with Defendant A’s code was terminated or invalidated. From January 201 to December 201, Samsung Bio-resources claimed the return of KRW 25 of the insurance contract with the Plaintiff for the same period. From January 2, 2011, the Plaintiff did not extend the contract with the Plaintiff after December 2011.
According to a contract between the Plaintiff and Samsung Bio-resources, where the cancellation of an application or the cancellation of an application is terminated within 12th of the premium payment deadline after a new contract is concluded, the fee shall not be paid if the cancellation of the application is before the closing date of the new contract examination. If the closing date of the new contract examination is after the termination date, the fee shall be paid once again and calculated as if the contract did not occur when calculating the performance of the following month, and the difference shall be calculated by deducting the amount equivalent to the difference from the amount of fees paid for the following month.
E. On December 8, 2011, Defendant A stated as follows, “a performance plan for debt repayment” or “a performance plan” or “a plan for debt repayment.”