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1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.
The defendant shall make the plaintiff 3,220.
Reasons
1. The scope of adjudication against the Defendant on the ground of the occurrence of a cause for recovery, the Plaintiff sought reimbursement from the Defendant (i) the recruitment commission, (ii) the business manager, the branch manager (SM), and (iii) the performance fee, and (iv) the policy expenses, respectively. The first instance court recognized only the portion excluding the part of the contractor B’s insurance, i.e., the part of the contractor B’s “Dong Fire & Marine Insurance Co., Ltd.” 1510 from the recruitment fee, and (ii) the portion of the subscription fee and the part of the Plaintiff’s claim seeking reimbursement of the policy expenses, and dismissed the Plaintiff’s claim seeking reimbursement of the policy expenses. The Plaintiff only appealed from the part of the part of the above loss (iii) the scope of adjudication against this Court is limited to the portion of the policy expenses redemption.
2. Facts of recognition;
A. The plaintiff is an insurance agency company.
On November 4, 2015, the Defendant concluded a contract with the Plaintiff for commission of insurance solicitors (hereinafter “instant commission contract”) and was commissioned as an insurance solicitor (BM) belonging to the Plaintiff, and was dismissed on April 26, 2016.
B. The instant commission contract provides that “an insurance solicitor shall return the relevant fee to the Plaintiff in accordance with the Plaintiff’s relevant provisions when a cause, such as the modification, invalidation, termination, or cancellation, etc. of the terms and conditions of the relevant insurance contract that he/she handles (Article 6(3)).”
C. The Plaintiff, as well as the period during which the Defendant performed his duties and even before and after that month, included the policy that each insurance company pays in addition to basic fees to promote the sale of specific types of insurance or insurance products, and published the Plaintiff’s computer system in the notice or attached file, and inserted the same content as “the 100% redemptions at the time of 6th failure or reduction in recruitment insurance” in the notice or attached file.
The defendant is an insurance solicitor belonging to the plaintiff.