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1. As to KRW 32,162,50 and KRW 23,231,683 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 8,930,817 from November 14, 2019.
Reasons
The Plaintiff and the Defendant entered into the FC commission contract on October 1, 2018, and accordingly, the Defendant received fees from the Plaintiff in the course of performing duties such as brokerage of conclusion of insurance contracts, maintenance of insurance contracts, management, etc., and thus, was dismissed on July 12, 2019, and the fact that the Defendant’s fee to be returned to the Plaintiff based on the commission contract and the fee payment standard cited in the contract can be acknowledged by comprehensively taking into account the overall purport of pleadings in each statement in subparagraphs A through 19, since there is no dispute between the parties or there is a duty to return KRW 32,162,50,50 to the Plaintiff, barring special circumstances.
Although the defendant asserts that the insurance contract was terminated by the customer management negligence on the part of the plaintiff, there is no evidence to acknowledge it.
In addition, the defendant's assertion that a commission contract is null and void since the defendant received a commission contract one year later, but if the commission contract is null and void due to such reason, it is difficult to see that the commission contract is null and void, and if it is null and void, the defendant's argument is null and void.
Therefore, with respect to the Plaintiff KRW 32,162,50 and KRW 23,231,683 among them, the Defendant is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 23, 2020 to the day of complete payment, since the Defendant is obliged to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 23, 2020 to the day of complete payment, the original copy of the instant payment order was served on November 14, 2019.