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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. The following facts do not conflict between the parties, or each of the statements stated in Gap evidence 1-1, 2, 6-1, 2, 26, 28-30, and 28-1, 1-1, 1-2, 1-2, 26, and 1-30, may be acknowledged respectively.
The plaintiff was the head of the C branch office of the Global Financial Sales Co., Ltd. for the purpose of insurance agency business (hereinafter referred to as the " Global Financial Sales"). The defendant was an insurance solicitor belonging to the above C branch office, and the plaintiff and the defendant were congested.
B. On June 2, 2014, the Plaintiff, via the Defendant, who is an insurance solicitor, entered into an insurance contract (i.e., (ii) Suyang Life Insurance Co., Ltd. with the Plaintiff as the insured (hereinafter “instant insurance contract”). As the global financial sales concluded the instant insurance contract, the Plaintiff paid solicitation fees of KRW 6,010,649 in total, including KRW 1,581,749, and KRW 4,428,90,00 in the Defendant, who is the insurance solicitor, in the future.
C. After that, the instant insurance contract was not maintained and terminated on December 2014. Accordingly, the Plaintiff, as the head of the said C branch office, paid KRW 6,010,649 equivalent to the total amount of the recruitment fees paid from December 2, 2014 to the global financial sales from May 2015, to the said C branch office and the Defendant.
Meanwhile, on the other hand, the Plaintiff and the Defendant drafted the Agreement on November 9, 2014 (hereinafter “instant Agreement”). The instant Agreement contains the content that “Life Insurance Contract case (the Plaintiff) bears all responsibility for the said insurance, such as changing the contractor’s name.”
2. Determination
A. According to the facts acknowledged earlier, the Plaintiff and the Defendant agreed to assume all responsibility regarding the instant insurance contract through the formation of the instant agreement on November 9, 2014.