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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Basic facts
A. On October 15, 2001, the Defendant concluded a contract with the Plaintiff, an insurance company, to commission an insurance solicitor, and was engaged in the solicitation of life insurance contracts by November 1, 2013.
B. According to the commission contract prepared by the Plaintiff and the Defendant and the attached agreement on the criteria for the payment and redemption of insurance solicitation fees, the Plaintiff is obliged to pay the fee to the Defendant according to the criteria set by the company, and where the grounds for redemption (such as the termination, invalidation, etc. of the insurance contract) arise, the Plaintiff may recover all or part of the fee already paid. The main contents relating to the instant case
The Plaintiff shall pay a fee to the Defendant in accordance with the criteria for the payment of insurance solicitation fees within the operating system and the criteria for the payment of fees for detention rooms for loan, as determined by the Plaintiff, and shall recover all or part of the fees already paid in accordance with the criteria for the collection of fees under the operating system
(A) No. 3. New contract fees shall be calculated by multiplying the total amount of the month of conversion into the new contract (referring to the results converted in proportion to the estimated amount of the insurance premium for each product in order to set an index by product for the result of the new contract) by the separate payment rate determined by the company.
(A) No. 4 No. 2, A. 6. New contract fees are divided into basic fees and decentralization fees, and the basic fees are paid in advance once between 18 months from the date of the conclusion of the new contract under the premise that the insurance premium is deposited normally for the next 18 months, and the amount paid shall be equivalent to 50% of the new contract fees, and the amount paid shall be divided into 2-13, 18, 24, and 36 times of the payment of the insurance premium, and the amount paid shall be - 15 of each payment (new contract fees - basic fees)/15.
(No. 5 No. 2, A No. 6, No. 29). The basis for the advance payment where the insurance premium is not paid due to the invalidation, cancellation, etc. of the future recruitment contract.