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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 25,830,700 with full payment from December 12, 2012.
Reasons
1. Basic facts
A. The Defendant is an insurance solicitor entrusted by a domestic insurance company, and the Plaintiff entered into a commission contract with the Defendant around January 19, 201 and served as the Defendant’s insurance solicitor from around that time to September 2012.
The defendant agreed to pay solicitation fees calculated by applying the rate of commission payment for each insurance product to the paid-in premiums under the condition that the plaintiff shall maintain the contract for a certain period per contract solicited by the plaintiff, and the plaintiff shall return the fees according to the rate of commission refund which the plaintiff has set in advance if the conditions
B. Insurance contracts recruited by the Plaintiff during the above service period are total of 66 cases, and the Plaintiff received total of 71,969,580 won from the Defendant and KRW 7,472,928 as activity subsidies for excellent performance.
C. However, 26 of the 66 insurance contracts recruited by the Plaintiff was not explained by the Plaintiff that the policy holder would not be subject to the protection of depositors, and the insurance contract was terminated by filing a civil petition for incomplete sales. 8 cases were invalidated due to the failure of the policy holder to pay the insurance premium for a long time, and one case was requested by the policy holder to reduce the insurance premium and the insurance premium and processed the reduction.
Accordingly, the defendant dismissed the plaintiff on September 27, 201.
[Reasons for Recognition] Facts without dispute, purport of whole pleading
2. Judgment on the parties’ assertion
가. 당사자의 주장 요지 ⑴ 피고의 주장 요지 ㈎ 원고는 중도 해지된 35건에 관하여 수수료 26,751,915원을 반환하여야 한다.
㈏ 활동지원금은 원고가 60건 이상 모집실적이 있음을 전제로 지급한 것인데 불완전판매 등으로 해지되고 남은 보험계약이 31건에 불과하므로, 원고는 활동지원금 7,472,928원도 반환하여야 한다.
㈐ 피고가 원고에게 2011. 9.분 모집수수료 8,394,143원을 지급하지 않은 상태인데, 피고는 이...