1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of premise;

A. The Plaintiff is a company that runs an insurance agency business, such as signing insurance contracts, receiving insurance premiums, etc. by concluding an insurance agency contract with an insurance company, such as the Young Life Insurance Co., Ltd. (hereinafter referred to as “Seosung Life Insurance Co., Ltd.”). The Defendant is a person who concluded a contract with the Plaintiff

B. The defendant recruited the insurance contract for the teaching life and received a certain amount of solicitation fees from the plaintiff during the period of commissioning contract with the plaintiff.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion

A. At the time of concluding the appointment contract with the Plaintiff, the Defendant agreed to refund the full amount of commission received from the Plaintiff due to the pertinent insurance contract to the Plaintiff where the contract was invalidated due to the failure, invalidation, revocation, or cancellation of the contract recruited by the Defendant.

B. In addition, when concluding a contract with an insurance solicitor, all insurance companies, including the Plaintiff, etc. stipulate that “where the effect of the insurance contract solicited by the insurance solicitor terminates, the insurance solicitor shall refund the fees received from the relevant insurance contract.” If the fees to be paid to the insurance solicitor are paid definitely only by the conclusion of the insurance contract regardless of the validity of the insurance contract, the malicious insurance solicitor who entered into the false insurance contract with the insurance solicitor and received the insurance commission shall be punished.

C. The above B.

In light of the circumstances such as Paragraph 1, it is reasonable to view that the fees that the Plaintiff pays to the Defendant, an insurance solicitor, not just for the solicitation of insurance contracts but for the conclusion of insurance contracts and the maintenance of insurance contracts for a certain period, has the nature of the advance payment fees.