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1. The Defendant shall pay to the Plaintiff KRW 46,307,451 and the interest rate of KRW 15% per annum from June 17, 2016 to the day of complete payment.
Reasons
Basic Facts
The plaintiff establishes more than 380 branches nationwide and aims at the insurance agency business, etc., and the defendant is registered as an insurance solicitor of the win-win branch of the plaintiff company located in the Jeonju-si.
Around December 2013, the Plaintiff entered into a contract for commission of an insurance solicitor (No. 2, the Defendant denies the authenticity of the evidence No. 2, but the Plaintiff’s signature and seal on the commission contract No. 2 (hereinafter “instant commission contract”) under Article 2 (FP insurance solicitor) (hereinafter “this case’s commission contract”) (hereinafter “this case’s commission contract”), which mainly provides that the Defendant is entrusted with the business of mediating the Plaintiff’s insurance contract (hereinafter “solicitation”) and that the Plaintiff shall pay a certain amount of fee to the Defendant. However, considering the result of appraiser B’s written appraisal and the fact that the Defendant had access to the insurance company system that is able to have access with the Defendant’s authorized certificate, it may be recognized that the Defendant had affixed his signature and seal on the commission contract No. 2; hereinafter “this case’s commission contract”).
(A) The person shall fulfill his/her duty of due care as a good manager in performing the duties entrusted by him/her.
Article 3 (Entrustment Affairs) (1) A company shall entrust the following affairs (hereinafter referred to as "entrusted affairs") to an agency, and the FP shall faithfully perform entrusted affairs in accordance with the relevant Acts and subordinate statutes, company's policies, internal regulations and guidelines.
1. The brokerage of the conclusion of an insurance contract, (counter payment) the company shall pay to the FP fees calculated on the basis of the FP’s actual results, efficiency, and other results determined by the company in return for carrying out the entrusted duties of the FP.
Article 6 (Refund of Fees) (1) Liability compensation, invalidation, cancellation, and any insurance contract solicited by the FP.