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1. The Defendant shall pay to the Plaintiff KRW 26,178,273 and the interest rate of KRW 15% per annum from June 3, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. On December 3, 2014, the Defendant: (a) entered into a contract with an insurance solicitor (hereinafter “instant commission contract”); (b) around August 2015, with the purpose of damage, acting as an agent for life insurance, etc., the Defendant: (c) entrusted the Plaintiff with the management of solicitation and management of insurance contracts; (d) consulted with respect to contracts; and (e) provided services to policyholders; and (e) paid fees to the insurance contracts recruited by the Defendant in accordance with the company fee regulations; and (e) entered into the contract with the insurance solicitor (hereinafter “instant commission contract”); and (e) served as the Plaintiff’s insurance solicitor, etc. at the B corporate branch of the Plaintiff affiliated to the Plaintiff by August 2015.
B. Article 5(1) of the instant commission contract provides that “The fees for the head of a branch shall be paid in accordance with the agreement entered into between the company and B; the amended provisions shall apply to the establishment, amendment, or destruction of a provision of fees under the company’s business policy; no separate contract renewal shall be made;” Article 5(8) provides that “The company shall fully hear matters concerning the payment and redemption of fees in accordance with the company’s fee regulations and the redemption at the time of the occurrence of a cause for redemption;” Article 13 of the instant commission contract provides that “The matters not provided for in this contract shall be governed by the laws and regulations related to insurance and commercial practices; and the detailed matters concerning the insurance solicitation fees
On the bottom of the instant commission contract, the Plaintiff stated “I have heard and understood sufficient explanations about the above contents of the contract, and I have directly signed and sealed it as an expression of consent.”
Article 3(1) of the attached agreement to the instant commission contract provides that the rate of payment of fees shall be paid in accordance with the agreement concluded between the company and B, and no agreement is in place.