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1. The Defendant paid KRW 66,406,179 to the Plaintiff KRW 5% per annum from May 18, 2017 to September 13, 2018.
Reasons
1. Facts of recognition;
A. The plaintiff and the defendant are both companies whose purpose is insurance agency business.
A From September 25, 2014 to January 31, 2016, from September 25, 2014 to January 31, 2016, performed an insurance solicitor's duties under a commissioning contract with the Plaintiff, and concluded a commissioning contract with the Defendant and performed the insurance solicitor's duties on February 4, 2016
B. On May 25, 2016, the Plaintiff received a provisional attachment decision as to the fee claim that A has against the Defendant under a commission contract with the Defendant (hereinafter “instant provisional attachment decision”) with the Seoul Central District Court Decision 2016Kadan37586, a claim amounting to KRW 76,346,458.
The provisional attachment ruling of this case was served on May 27, 2016 on the Defendant.
C. Since then, the Plaintiff filed a lawsuit against A, including the repayment of loans and subsidies, with the Seoul Central District Court 2016Da77422.
In the above lawsuit, A was issued a ruling of recommending settlement with the purport that A shall pay to the Plaintiff KRW 100,000,000 and 15% interest per annum from March 1, 2017 to the date of full payment. The above ruling was finalized on February 1, 2017.
The Plaintiff, whose title is the Seoul Central District Court 2017TTT 2017TT 104258, takes the amount claimed as KRW 101,643,060, and transferred a provisional attachment of KRW 76,346,458, out of the fee claims that A owns against the Defendant, and received a provisional attachment of KRW 25,296,602, and seized the remainder of KRW 25,296,602 (hereinafter “instant collection order”).
The instant collection order was served on April 19, 2017 on the Defendant.
E. On April 19, 2017, the Defendant dismissed A. The details of the commission that A would receive from the Defendant through insurance solicitation, etc. from May 27, 2016 to the time when the provisional attachment decision of this case was served on the Defendant, and the commission that the Defendant actually paid are as follows:
Specifically, the amount of money stated in the "total fee" in the following table is the amount of the fee incurred in the corresponding month.