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1. On the plaintiff (Counterclaim defendant)
A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 40,246,543 and its related amount from July 7, 2018 to November 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
The plaintiff is an insurance agency that sells insurance products of an insurance company, and the defendants are insurance solicitors.
Insurance solicitors belonging to the plaintiff have a position structure of the team members of the head of the headquarters (BM, Bankch Mager) branch office (ABM) team leader (ABM) team leader.
On December 1, 2014, the Plaintiff entered into a commission contract with Defendant B and the head of the business group (hereinafter “first contract”).
According to the contract, Defendant B established the Incheon Branch of the Plaintiff and managed the insurance solicitors belonging to the branch, and performed the work of the Plaintiff’s insurance agency.
On September 1, 2015, the Plaintiff entered into a contract for appointment of the head of a branch office with Defendant C (hereinafter “instant contract”) and entered into a contract for appointment of the head of a branch office with Defendant D on March 2, 2016 (hereinafter “third contract”).
Defendant C performed the work of the Plaintiff’s insurance agency by opening the Plaintiff’s main points in accordance with the contract No. 2, and Defendant D’s main points in accordance with the contract No. 3, and managing the insurance solicitors belonging to each branch.
The main contents of the contracts referred to in Articles 1, 2, and 3 (hereinafter referred to as "each contract of this case") are as follows:
[No. 1] (BM among the following terms, “BM” refers to Defendant B and “company” respectively to the Plaintiff) Article 3 (Contract Period) (1) The term of this Agreement shall be one year from the date of appointment.
Article 5 (Application of Company Provisions) (1) BM is subject to the Business Regulations (all regulations relating to business entrustment, including criteria for payment of fees,) set forth in the Company, and except as otherwise provided in this Agreement, such provisions shall apply.
(3) A company may explain, notify and change the regulations, guidelines, etc. of a company related to entrusted affairs to BM.
In such cases, where a company posts the changed details in the company, such as the intra-company computer network, it shall be explained and notified to BM.
Article 6 (Standards for Payment of Fees) (1) The Company shall enter into this Agreement.