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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. The following facts can be found in full view of the statements Nos. 1 through 9 and the whole purport of the pleadings as a result of the fact-finding by this court on the Financial Settlement Board, and each statement of Nos. 1 through 3 shall not interfere with the above recognition:
Around August 9, 2011, the Defendant entered into an insurance solicitor commission contract with the non-party Samsung Life Insurance Co., Ltd. (hereinafter “non-party company”). According to the above commission contract, the non-party company shall pay various fees (in common name, allowances or subsidies) in accordance with the insurance business guidelines set by the non-party company and the subsidiary agreement (hereinafter “instant guidelines”) with respect to the insurance contracts solicited by the Defendant, and if there occurs a cause, such as not maintaining the recruited insurance contract for a certain period, the fees already paid shall be recovered from the Defendant in accordance with the instant guidelines.
B. On September 6, 201, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant insurance contract”) with the content that “the policyholder, the insured company, the non-party company, the insurance amount of KRW 10,000,000, and the insurance period from August 9, 201 to February 8, 2013,” which was made by means of an electronic document signed with the Defendant’s authorized certificate, for the payment guarantee for the non-party company from August 9, 2011. According to the above insurance contract, when the Plaintiff paid the insurance proceeds to the non-party company due to the Defendant’s failure to pay the above fees, the Plaintiff shall pay damages for delay calculated at the highest interest rate set by the Plaintiff (6% per annum until April 18, 2015; and 9% per annum thereafter) within the scope of delay interest rate set by the Banking Act from the next day to the date of the full payment of the insurance proceeds.