1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant concluded a commission contract with the Plaintiff on the solicitation of insurance (hereinafter “instant commission contract”) and worked as the Plaintiff’s insurance solicitor from August 14, 2014 to February 13, 2015.

B. Of the terms of the instant commissioning Contract, “the Company shall pay the designer’s fees within the fixed date in accordance with the criteria for the payment of fees within the insurance business regulations set by the Company (Article 6(1)),” and “if the contract solicited by the designer becomes null and void due to incomplete sale, intent or negligence of the Company, the designer shall refund all or part of the fees, such as recruitment fees (including advance payment fees) received in connection with the relevant insurance contract, to the Company (Article 15(1)).”

In addition, on August 7, 2014, the Defendant prepared a written confirmation to the Plaintiff that “I will immediately return allowances received in connection with the insurance contract to the contractor in accordance with the procedures prescribed in the Company Regulations and the scope of return, if the insurance contract becomes null and void due to such reasons as nullification, cancellation (including cancellation of order), termination (including termination of contract and termination) and the Company will return all or part of the paid premiums to the contractor.”

C. The Plaintiff’s provision on the above fee provision and the criteria for return (PA channel fees) stipulate the type of fees, payment criteria, insurance contracts recruited when an insurance solicitor recruits an insurance policyholder, invalidation, termination, cancellation (including cancellation of an order), the kind of fees recovered when the insurance solicitor becomes void, and the method of recovery. D.

Of the insurance contracts recruited by the defendant, the grounds for recovering fees under the plaintiff's regulations have occurred due to the invalidation, cancellation, and cancellation of order. The fees that the defendant must return to the plaintiff according to the above provisions are 6,480,954 won (payment according to the total maintenance rate of recruitment insurance contract).