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 Plaintiff is a person who was working as the leader of the insurance solicitor in the Mart Life Insurance Co., Ltd. (hereinafter “SP”) and the Defendant is an insurance solicitor of the said C team.

B. On November 30, 2012, the Defendant mediated the conclusion of the de facto franchise social V insurance contract (hereinafter “instant insurance contract”) between D and the Nonparty Company. At the time, the Defendant was unable to mediate the amount insurance, and the Defendant was acting as a broker for the conclusion of the said insurance contract under the name of other team E, which is the other team cause.

C. As allowances related to the conclusion of the instant insurance contract, the Plaintiff received KRW 562,795 from the Nonparty Company, and KRW 2,353,507, respectively.

The Defendant requested the Plaintiff to pay the sum of KRW 4,448,00,00 to the Plaintiff for the allowances received by E and the allowances to be paid under the premise that the instant insurance contract is maintained for one year. On December 24, 2012, the Plaintiff paid KRW 4,448,00 to the Defendant (hereinafter “instant money”).

E. However, the instant insurance contract was terminated as of July 8, 2013 due to D’s failure to pay the insurance premium more than five times after the payment of the insurance premium, and the Plaintiff and E returned all the above allowances already received to Nonparty Company in accordance with the rules on the refund of allowances for Nonparty Company.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The following circumstances acknowledged by the judgment on the cause of the claim and the purport of the entire pleadings, namely, the Plaintiff paid the instant money to the Defendant, who brokered the conclusion of the instant insurance contract for one year, with the intent to pay the Defendant allowances to be received from the Nonparty Company in advance on the premise that the instant insurance contract is maintained for one year. The Nonparty Company is out of the allowances already paid when the insurance contract solicited by the insurance solicitor is extinguished on the grounds of termination, etc. within a given period.