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1. The Defendant paid KRW 3,938,574 to the Plaintiff KRW 5% per annum from August 8, 2015 to August 16, 2017.
Reasons
1. Basic facts
A. The defendant is an insurance agency established for the purpose of concluding insurance contracts on behalf of the defendant, and has a general branch office established under the contract with the defendant.
B. On March 26, 2014, the Plaintiff prepared an agreement with the representative C of the B General Branch, one of the Defendant’s overall branch offices, as follows, and upon delegation by the Defendant, as the head of the D Branch, comprised of insurance solicitors, assisted the insurance solicitation business of the affiliated insurance solicitors, and managed the insurance commission to be paid by the insurance solicitors.
The Global Financial Sales-B (Representative C) of the Bank of Korea shall be referred to as "A", and D (Branch Head) as "B", and shall enter into an agreement on the following matters:
1. “A” shall approve the registration of “B” as an I/A branch under the Global Financial Sales-B General of the Bank of Korea, in part of March 26, 2014.
2. The term “A” refers to the terms of 93% payment under which operating contributions are deducted for the total fee of raw yarns (cashs) received from the General Office from 01 April 01, 2014 to 031 March 2015, 2015 to “B”.
C. On April 17, 2014, the Plaintiff entered into a commission contract with the Defendant and the insurance solicitor, and the details thereof are as follows.
Article 29 (Recovery of Fees and Liability for Return)
1. An insurance solicitor shall, without delay, refund fees to the company by the insurance solicitor for any of the following reasons:
(1) Where the insurance contracts solicited by an insurance solicitor are invalidated due to non-maintenance of the insurance contracts solicited, terminated, or terminated or terminated. (2) Where the insurance contracts solicited by an insurance solicitor are deemed to have been sold under the violation of the quality assurance system, and the insurance contracts are terminated or converted into other insurance contracts, the insurance contracts solicited by the insurance solicitor shall be invalidated or cancelled.