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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
claim. The purport of the claim.
Reasons
1. Facts recognized;
A. On June 23, 2015, the Defendant entered into an insurance designer commission contract with C Co., Ltd. (hereinafter “C”) and became an insurance designer, and was promoted on August 31, 2016.
B. On June 2016, the Plaintiff entered into a guarantee insurance agreement (payment) with the Defendant to guarantee (hereinafter “instant insurance agreement”) the repayment of the obligation to pay fees to C with respect to the commission agreement for the said insurance designer. The main contents are as follows.
Insurance contractor: Amount subscribed to C Insurance: 10,000,000 won: the insurance period from June 24, 2016 to June 23, 2018: Guarantee of payment (limited to the obligations under the provisions for payment completion, and the obligations under the monetary consumption and lending contract shall not be secured) of the obligation to refund fees;
C. The Defendant signed and sealed the “Agreement on the Support of Career FP Activity Subsidies” with the content that the result of the insurance designer’s support standard amounting to KRW 2,000,000,000 as a lump sum support and that the Defendant would recover 100% of the support amount when suspending activities within the 18th month.
(d)
After the Defendant retired on August 31, 2016, the Plaintiff paid KRW 919,987 to Insured C as insurance money under the insurance agreement of this case after the Plaintiff retired. The grounds for calculating the amount of the insurance money are as follows.
Fee 2,824,378 Won 2,167,603, which the Defendant is liable to pay to the Defendant under a contract maintained during the period of the Defendant’s insurance collected by the Defendant, is invalidated or withdrawn in the course of the insurance collected by the Defendant, and the Defendant must return to C the insurance contract fee of KRW 3,911,968, which the Defendant must return to C, the aggregate of the career support expense of KRW 2,00,000 under the contract to support the FP Activity Support Expenses to be refunded by the Defendant. = 919,987.
E. When the Defendant did not perform an agreement with the insured at the time of entering into the instant insurance agreement, and the Plaintiff pays insurance proceeds to the insured, the Defendant is the insurance contractor.