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1. The Defendant shall pay to the Plaintiff KRW 28,655,30 as well as 20% per annum from July 18, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On January 2013, the Plaintiff entered into an oral contract with the Defendant for delegation of the head of a branch office (hereinafter “instant contract”) with the content that the Plaintiff delegates the Defendant with the delegation of the conclusion of the insurance contract within the branch, the arrangement of insurance solicitation and insurance solicitation, the maintenance and management of the delegated insurance contract, etc., and the payment of fees to the Defendant.
(W) The contract was drawn up on May 27, 2013.
On March 25, 2013, the Plaintiff paid KRW 5,000,000 on April 25, 2013, and KRW 5,000,000 on May 27, 2013, and June 25, 2013, respectively, to the Defendant as a settlement subsidy. As above, the Plaintiff agreed to return the settlement subsidy that the Defendant received to the Plaintiff when the contract is terminated within 24 months from the date of conclusion of the contract (which appears to be the date of preparation of the contract) of this case between the Defendant and the Plaintiff on May 27, 2013, and when the insurance contract kept by the Defendant is terminated or invalidated within 18 months, the Plaintiff agreed to refund the fee that the Defendant received to the Plaintiff in accordance with the provisions on the recovery of the Plaintiff’s fees.
C. From January 2013 to June 28, 2013 pursuant to the instant contract, the Defendant: (a) opened to attract insurance contracts from around January 2013 to June 28, 2013; (b) opened to enter a total of 106 insurance contracts as indicated in the “Insurance Company, Securities Number, and Contract Date”; and (c) received the commission of each amount as indicated in the “total Payment Director’s Allowances and the total Payment Branch’s Allowances.”
However, the above insurance contract kept by the Defendant was terminated or invalidated within 18 months as indicated in the same list, and the fee to be paid by the Defendant to the Plaintiff according to the fee restitution provisions set by the Plaintiff is KRW 11,65,30, such as the sum of the fees to be paid by the Defendant to the Plaintiff.
E. Meanwhile, the Defendant unilaterally submitted the written resignation to the Plaintiff on August 1, 2013, for personal reasons.