1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The plaintiff is a corporation with the main purpose of concluding insurance contracts by Samsung Life Insurance Co., Ltd., and the defendant is a person who retired while serving as an insurance solicitor of the plaintiff.

B. On March 22, 2012, the Plaintiff and the Defendant concluded a commission contract with the Defendant to serve as the Plaintiff’s solicitation employee, and the Defendant, as the insurance solicitation employee of the Plaintiff until the termination of the commission contract, was engaged in the insurance solicitation business.

C. The Plaintiff paid the pre-paid fee as a settlement support fee in the course of the Defendant’s performance of its duties, and the detailed payment details are KRW 9,600,000 for Samsung Bio-resources Settlement Support (New Type Support Fee) and KRW 85,00,000 for settlement support for the Plaintiff’s corporation itself.

The defendant who has received settlement support shall work for at least three years, and where a commissioned contract is terminated without working for at least three years, the full amount of the settlement support received shall be returned.

E. On March 15, 2013, the Plaintiff terminated the commission contract with the Defendant as the Defendant did not faithfully perform its duty under the commission contract.

F. Since the Defendant did not engage in soliciting insurance for the Plaintiff for more than three years, it should return to the Plaintiff KRW 87,083,992, excluding KRW 2,526,00,000, which was settled at the time of termination of the commissioned contract, and KRW 5,00,000, which was paid by the Plaintiff from the Seoul Guarantee Insurance Co., Ltd.

G. In addition, on March 23, 2012, the Plaintiff loaned KRW 10,000,000 to the Defendant (an agreement to pay KRW 500,000 per month). As such, the Defendant shall pay the Plaintiff KRW 10,00,000,00 for the aforementioned loan.

2. Determination

A. The Defendant commissioned the Plaintiff as an insurance solicitor on March 22, 2012 to the Plaintiff’s insurance solicitor on the claim for the refund of the pre-paid payment fee, and Samsung Bio-resources asserted by the Plaintiff on the pretext of the pre-paid payment fee from March 2012 to February 2013.