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. On June 21, 2010, the Plaintiff, a company running an insurance business, entered into a contract with the Defendant for commission of an insurance solicitor (hereinafter “instant contract”) with the content that the Plaintiff entrusts the Defendant with the conclusion of insurance contracts, brokerage of insurance contracts, and incidental business for maintenance and management of holding contracts, etc., and pay fees to the Defendant in accordance with the payment standards set forth in the insurance business guidelines. The Defendant performed duties under the instant contract until the dismissal on April 1, 2014.

B. From Jun. 21, 2010 to Dec. 31, 2010, the Defendant, as a social consultant (hereinafter “FC”), was engaged in insurance solicitation as a business manager among insurance solicitors’ class from Jan. 1, 2011 to Mar. 31, 2014. In the case of SM, the Defendant voluntarily recruited FC, and received allowances from the Plaintiff in proportion to the FC’s performance of education and supervision, and bears risks therefrom.

C. Article 5(3) of the instant contract provides that “FC shall refund the fees received to the company in accordance with the insurance business guidelines, in the event a cause for the refund of the fees set forth in the insurance business guidelines, such as termination of the insurance contract, cancellation of order, invalidation, cancellation, etc., which the principal recruited, arises.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserts that (1) the plaintiff should be paid KRW 13,533,753 of the fees to be refunded out of the fees paid to the defendant in accordance with the contract and insurance business guidelines of this case as the cause of the claim of this case.

(2) As to this, the Defendant shall pay the Defendant the fee in advance and then make the insurance contract after the conclusion of the instant contract.