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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On December 1, 2010, the Plaintiff’s Intervenor (hereinafter “ Intervenor”) entered into a contract with the Defendant for commission of insurance solicitors (FC) (hereinafter “instant commission contract”) and appointed the Defendant as an insurance solicitor of the Intervenor. The main contents of the instant commission contract on the payment and redemption of initial settlement commission and solicitation commission are as follows.
Article 6 (Insurance Solicitation Fees) (1) The Company shall pay insurance solicitation fees to the FC within the fixed date in accordance with the Guidelines for Payment of Fees set by the Company.
Article 16 (Tax-Related Liability) All taxes and public charges imposed by the FC on the FC in connection with any fees paid by the Company and any other revenue shall be borne by the FC.
Provided, That the company shall only make a final tax settlement return as a withholding agent under Article 144 of the Income Tax Act (Year-end tax settlement for business income tax return for confirmation of tax base).
Article 17 (Personal Assistance and Financial Guarantee)
1. The FC shall, simultaneously with the conclusion of a commissioning contract, submit a certificate of guarantee insurance for identity of a certain amount according to the standards determined by the company;
In such cases, the guarantor of the fidelity Guarantee Insurance shall be the principal and the insured shall be the company.
2. To conclude a contract with the company and enter the insurance for performance in a certain amount determined by the company, not less than the number of persons determined by the company, or to subscribe to the insurance for performance.
4. To treat the refund money (unpaid premiums) accruing from the termination or reduction of the performance guarantee insurance as a repayment in the event that the FC is liable to reimburse to the company, and to pay the remainder to the FC;
The guidelines for the payment of the attached fees shall be the FC fee payment criteria for Chapter 3.
1. Early settlement commission I, II; and
(a) Payment: FC of the first month, being commissioned as of the date of payment after completing new FC education;