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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Facts of recognition;
A. On October 18, 2013, the Defendant concluded a contract with the Plaintiff Company for commission of insurance solicitors (hereinafter “instant commission contract”) and performed the solicitation business of life insurance by December 1, 2013.
B. The instant commission contract provides that the Defendant shall pay the fees calculated in accordance with the standard for the payment of fees in return for the Defendant’s offering of insurance, etc. However, if a ground for the collection of fees under the business standard arises, the Plaintiff shall recover all or part of the fees in accordance with the standard.
C. However, the Defendant’s three insurance premiums collected on October 1, 2013 and November 201 were not deposited more than twice, and the grounds for restitution were all invalidated as of January 1, 2014.
According to the Plaintiff’s standard of payment of fees, in this case, part of the settlement support fees paid shall be recovered together if it does not fall under the 18-month portion out of the basic fees paid in advance to the Defendant, and if it does not fall under the outcome and the registered period.
E. Accordingly, the amount to be recovered against the Defendant calculated by the Plaintiff as of December 2, 2017 is KRW 1,345,231 in addition to the amount to be recovered by each securities contract and the amount to be recovered by each person. Here, the amount remaining after deducting KRW 80,968 in the amount to be deducted before dismissal is KRW 1,264,263 in the amount to be recovered.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the Defendant shall pay to the Plaintiff Company the amount of KRW 1,264,263 of the balance of the collection amount calculated as above, as well as the annual interest rate of KRW 15% as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from September 28, 2018 to May 31, 2019, and from the next day to the day of full payment.