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. Determination as to the cause of claim

A. The Plaintiff and the Defendant entered into an insurance solicitor commission contract around June 1, 2015, and the Defendant served as the Plaintiff’s insurance solicitor from around that time. 2) The above insurance solicitor commission contract states that “the Defendant shall refund the relevant fee to the Plaintiff in accordance with the relevant provisions of the company when the reason for the change, invalidation, termination, cancellation, etc. of the terms and conditions of the insurance contract dealt with or the cancellation of the insurance contract occurs. The same shall apply even after the termination of this contract.”

On the same day, the plaintiff and the defendant entered into subsidiary agreements on the commission contract of insurance solicitors, and the above subsidiary agreements stipulate the recovery of fees for the redemption rate, etc.

The Defendant entered into a contract with the Plaintiff to recover fees on the same day, which states that “In the event of a cause for refund, the Defendant shall return all the amount to the Plaintiff according to the provisions on the collection of fees in cash within 30 days from the date on which the Plaintiff received a request to recover fees from the Plaintiff.”

3) The Plaintiff paid 20,680,711 won for life insurance solicitation fee, 1,403,520 won for life insurance policy fee, and 1,400,000 won for prisoners, and 12,105,543 won when calculating the amount to be recovered pursuant to the above fee redemption provisions in relation to the insurance contract mediated by the Defendant, among the insurance contract, the termination, cancellation, and invalidated insurance contract. 4) The Plaintiff requested the Defendant to recover the above amount prior to the application for the instant payment order.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence No. 11 through 19, the purport of the whole pleadings

B. Comprehensively taking account of the above facts of recognition, the Defendant calculated the Plaintiff at the rate of 15% per annum from January 21, 2016 to the day of full payment, as claimed by the Plaintiff, with respect to KRW 12,105,543 as well as damages for delay calculated from January 21, 2016 to the day of full payment.