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1. The Defendant shall pay to the Plaintiff KRW 44,815,785 and the interest rate of KRW 15% per annum from June 23, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. On May 15, 2015, the Defendant concluded a contract with the Plaintiff for commission of insurance solicitors (hereinafter “instant contract”) and recruited the insurance with the Plaintiff’s insurance solicitor from that time until April 10, 2017.
B. The payment of fees and the redemption thereof stipulated in the instant contract (hereinafter “instant contract provisions”) are as follows.
Article 6 (Insurance Solicitation Fee) (1) of the instant contract refers to an insurance solicitor as the disadvantaged of the Manner pursuant to the "Business-Related Regulation", which is the standard for the payment, etc. of fees determined by the Company.
such fees shall be paid within the fixed date.
Business-Related Provisions
Ⅱ Redemption of sexual (converted Insurance Premiums) and Fees;
1. Object and method of redemption;
(a) A contract subject to recovery: A contract for invalidation, cancellation, reduction, cancellation of order/return, invalidation, termination, etc.;
(b) Methods of recovery: Shall be reflected in the calculation of various fees and settlement after full or partial recovery of the conversion quota on machine;
2. Redemption by type of contract;
(c) Contracts subject to termination/Invalidity (including termination of quality assurance) 1: Contracts under which premiums are paid to the contractor on a fixed-term basis (the payment contract on a terminated refund shall be the same as the cancellation and redemption criteria, provided that the following are excluded from redemption; and (3) Termination contracts on a civil petition termination due to reasons attributable to the company among civil petitions termination contracts
C. The Defendant on July 29, 2015:
8.5. The life insurance of the insured D was solicited, and on August 21, 2015, the insured Party E solicited the life insurance of the insured (hereinafter collectively referred to as “instant insurance solicitation”) and was paid allowances accordingly.
With respect to the insurance contract concluded through the insurance solicitation of this case, the insured requested termination while filing a civil petition, and the plaintiff accepted it.
Since the termination of civil petition and the insurance contract terminated on the ground that the defendant committed a mistake in the process of entering into a separate insurance contract recruited by the defendant, this case is among the fees that the defendant received from the plaintiff.