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1. The Plaintiff (Counterclaim Defendant) paid to the Defendant (Counterclaim Plaintiff) the amount of KRW 19,425,917 and the amount of said KRW 19,425,917.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 1, 2014, with the Defendant on the Plaintiff’s name, an insurance designer (hereinafter “FC”) commission contract (Evidence 1-1) was drafted (hereinafter “instant contract”) between the Defendant and the Defendant (hereinafter “FC”). B. On March 31, 2015, the Defendant promoted the Plaintiff from FC on March 31, 2015.
(c)
Article 6 (1) of the instant contract provides that the provisions related to the fees shall be specified in the main text of the instant contract or in the documents attached thereto, and the FC’s consent shall be sufficiently explained. The guidelines for payment of fees attached to the instant contract shall be stipulated in the provisions related to the recovery of fees. Accordingly, the amount to be recovered by the Defendant from FC of the instant contract promoted by the FC shall be KRW 19,425,917 (=6,110,121, - [10,000,000,000, which is calculated by subtracting the accumulated fees from the total amount of the fees to be recovered before and after the year of redemption of performance allowances, KRW 28,934,90,900,000, based on the statement in column for performance fee (reserve) under subparagraph 10,000, the amount to be recovered by the Defendant shall be KRW 19,425,841,847,108,201,840.
According to the evidence evidence No. 10, the defendant accumulated 8,841,847 won out of the performance fee of September 2014.
However, according to the foregoing evidence, the Defendant: (a) paid the Plaintiff a monthly performance fee of KRW 6,323,024 from the monthly performance fee of KRW 7,481,177 on October 2014; and (b) paid the Plaintiff a total of KRW 10,00,000 by accumulating only the remainder of KRW 1,158,153; (c) the Defendant incurred a total of KRW 1,158,153 from the monthly performance fee of KRW 8,841,847 on the previous month; and (d) the Defendant thereafter paid a total of KRW 10,000,000 as before.