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1. The Defendant’s KRW 30,080,124 as well as the Plaintiff’s KRW 20% per annum from March 26, 2015 to September 30, 2015.
Reasons
1.The following facts of recognition do not conflict between the parties, or may be found upon full consideration of the overall purport of the pleadings in Gap evidence Nos. 1 to 15, 24, and 25 (including serial numbers; hereinafter the same shall apply):
On September 25, 2013, the Plaintiff entered into a contract with the Defendant, an insurance solicitor registered with the Financial Supervisory Commission in accordance with the Insurance Business Act (hereinafter referred to as the “FC”) for the commission of Finciscisant (hereinafter referred to as the “FC”) regarding the affairs, such as the conclusion, maintenance, and management of the insurance contract by setting the contract term as one year.
B. The main contents of the commission contract of this case are as follows.
1) Article 18 (Payment, etc. of Fees) ① Company shall pay or recover fees to the FC in accordance with the “FC Fee Payment Regulations” separately determined by the Company. Provided, That the “FC Fee Payment Regulations” may be changed according to the insurance business environment, such as change of experience life table, change of publication interest rate, etc., and the settlement of fees shall be governed by the “FC Fee Payment Regulations” at the time of settlement. (2) The FC shall immediately refund the fees that it has received in the event a cause to recover the fees arises under the “FC Fee Payment Regulations”, such as cancellation, invalidation, termination, termination, cancellation, cancellation, cancellation, etc. of the insurance contract it has recruited by the FC. ③ If the FC is dismissed due to the expiration or termination, etc. of the contract period, the Company shall not pay all the fees after the date of dismissal. ④ If there is an amount equivalent to the FC Fee Payment Regulations to be recovered from the FC, the Company’s “FC Fee Payment Regulations” can be changed without prior notice to the Company’s operation strategy.