1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 29, 2007, the Plaintiff entered into a franchise store agreement with the Defendant who runs an insurance agency business.

According to the above contract, the fee payment provision was decided through mutual consultation.

B. On May 29, 2007, the Plaintiff terminated the franchise store agreement and received allowances. On September 25, 2008, the Plaintiff concluded a new franchise store agreement with the Defendant on September 25, 2008, and details related to allowances among the above contracts are as follows.

[Payment and Redemption of Allowances for Chapter 4] Article 14 of the Act (1) The head office shall pay the branch office allowances prescribed in accordance with the standards for payment of various allowances separately determined by the head office in return for the brokerage of concluding insurance contracts and the affairs incidental thereto.

(2) Where a branch office has any amount to be paid to its head office, allowances may be paid after deducting such amount.

(3) No claim for return of the amount set-off under paragraph (2) above shall be made to the head office.

(4) When a team member is dismissed, all allowances under the criteria for payment of team members shall not be paid.

(5) No remaining allowances shall be paid when a contract is terminated between both parties.

(1) Where all or part of the premiums received by the head office is refunded to a policyholder due to a change, invalidation, termination, etc. of the terms and conditions, etc. of an insurance contract by the team members of the branch office, the head office may recover as the branch office team allowances the part equivalent to the premiums and allowances paid.

(2) In cases falling under paragraph (1), allowances to be paid to the branch team members shall be recovered first, but the allowances shall be recovered from the following month to the point of recovery after the following month.

(3) Where there exists an amount of money for which the head office has not been recovered under the above provisions, the head of the branch office or team member shall pay the amount of money not recovered to the head office.

(4) A and B branch offices shall terminate the insurance contract for allowances which occurred after the contract of franchise stores is terminated.