beta
Text
1. The Defendant shall pay to the Plaintiff KRW 76,483,759 and the interest rate of KRW 15% per annum from October 6, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 5, 2008, the Defendant concluded a contract with the Plaintiff for commission of insurance solicitors (hereinafter “instant contract”), and subsequently dismissed from the insurance solicitor on October 31, 2014.
B. The instant contract provides for the payment and restitution of fees as follows.
1) Paragraph 1 of Article 6: A company (referring to the plaintiff) shall pay the fees of the designer (the defendant) in accordance with the criteria for the payment of the fees set by the company in accordance with the insurance business guidelines set by the company. 2) Article 6 Paragraph 2: at the time of the conclusion of this contract, the company shall explain to the designer the criteria for the payment of the fees under Paragraph 1 and obtain the consent of the designer.
3) Article 7(1) of the Act: In the event that an insurance contract solicited by a designer is returned to the contractor or the amount equivalent thereto is compensated for by the company due to the cancellation of order, return, invalidation, cancellation, termination, etc. of order, the designer shall not pay any fees related to the relevant contract any longer, and the designer shall return to the company the full amount of the fees paid due to the relevant contract. 4) Article 7(2) of the Act: (1) of the Act, separate from the fees paid by the company, where the designer maintains the insurance contract for a certain period of time and the contract becomes invalid on the condition that the recruitment contract exists, etc., and the contract becomes invalid, the designer shall immediately return the advance payment for the remaining portion, and
5 The above paragraphs 1 and 2 shall continue to exist even after the termination of this contract, and other detailed procedures, methods, etc. shall be in accordance with the criteria for payment of fees.
C. According to the instant contract, Article 7 of the instant contract and the provision on the redemption of fees among the criteria for the payment of fees within the insurance business guidelines that the Defendant agreed to hear the explanation from the Plaintiff at the time of entering into the instant contract.