1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is the head of the Deputy Headquarters C Co., Ltd. (hereinafter “C”), an insurance sales agency, as the head of the headquarters.

The defendant is an insurance solicitor.

B. On March 27, 2017, the Defendant, at the Plaintiff’s request, retired from office to the Deputy Headquarters C and served.

The Plaintiff paid KRW 10 million to the Defendant around this time, and the Defendant issued a promissory note with the amount of KRW 10 million and the issue date March 27, 2017 to the Plaintiff.

C. On July 17, 2018, the Defendant submitted a resignation letter to the Plaintiff and resigned.

On July 24, 2018, the Plaintiff sent to the Defendant a certificate of content that “the Plaintiff sent KRW 10,000,000 to the Defendant for a period of two years under the condition that he/she works in C. The Defendant did not work for the period of two years, and submitted a resignation letter on July 17, 2018. Within two years, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff would have the intention to repay the full amount of the subsidies and prepare a promissory note in return for the promise.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, whole purport of pleading

2. Assertion and determination

A. (1) On March 27, 2017, the Plaintiff paid a subsidy of KRW 10 million to the Defendant on the condition that the Plaintiff would work as an insurance solicitor for two years from C to C, and the Defendant delivered a promissory note to the Plaintiff to secure the said commitment.

Since the Defendant did not keep up with the working period of two years and resigned on July 17, 2018, the Defendant should return the subsidy of KRW 10 million to the Plaintiff.

(2) The Defendant received KRW 10 million from the Plaintiff for the expenses for the maintenance fee for the insurance contract due to the resignation of the relocating insurance agency, not for the subsidy granted under the condition that the Plaintiff worked in C for two years.

Promissory notes are delivered by the Defendant to prepare for a case where the financial designer code is not registered even after the Defendant received subsidies from the Plaintiff, and the financial designer code is applied.