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1. The judgment of the court of first instance is modified as follows.
The Plaintiff’s obligation to recover advance payment fees against the Defendant is 9,556.
Reasons
1. Facts of recognition;
A. On February 2014, the Plaintiff entered into an insurance solicitor commission contract with Liberco Co., Ltd. (hereinafter “Liberco”) and received the insurance solicitor commission and maintenance fee according to the insurance contract solicited by the Plaintiff while working as an insurance solicitor from around that time to June 30, 2015 (around February 2, 2015, pursuant to the business takeover agreement between Liber and the Defendant, the legal relationship between the Plaintiff and the Defendant was comprehensively succeeded to the Defendant according to the insurance solicitor commission contract between the Plaintiff and the Defendant, and thereafter, the Defendant’s branch office).
B. At the time of commission contract, the Plaintiff entered into a guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) in order to guarantee the obligation to recover fees for Libercos.
C. On January 31, 2015, among the insurance contracts solicited by the Plaintiff as an insurance solicitor of Libercos, the insurance contract concluded with the policyholder “Scar project of the Company” and the “CEO Regular Insurance Contract” in the name of the goods (hereinafter “instant insurance contract”) was invalidated due to the policyholder’s failure to pay the insurance premium (3,090,000 won per month insurance premium) after May 2015, and the insurance premium was partially reduced on July 31, 2015 (the 1,519,250 won per month insurance premium, which was reduced) and became final null and void due to the failure to pay the insurance premium reduced after December 31, 2015.
In such cases, fees to be recovered pursuant to Liber’s guidelines for payment and recovery of fees are KRW 9,556,675 [the amount to be recovered to the insurance contract amount of KRW 6,177,679 maintained for five months (insurance premium of KRW 1,519,250) [the amount to be recovered to the insurance contract amount of KRW 3,378,996] maintained for 12 months (insurance premium of KRW 1,519,250];
In the case of an insurance contract to be restored, the defendant pays the insurance solicitation fees and the management fees according to the insurance contract to the insurance solicitor involved in the restoration of the contract.