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1. The Defendant’s KRW 670,879,169 as well as the Plaintiff’s KRW 15% per annum from January 23, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On March 14, 2017, the Plaintiff entered into an agency contract with the Defendant to entrust the affairs of the life insurance agency, such as acting as an agent for the conclusion of the insurance contract (hereinafter “instant contract”). Of them, the content of the instant contract is as follows.
Article 8 (Payment of Commissions) (1) Company shall pay commission to an agency in return for performance of entrusted duties.
(2) Detailed matters concerning the payment of fees, such as items of fees, requirements for payment, methods of calculation, sexual records, efficiency, etc., methods of calculation of amounts to be paid, amounts to be paid, dates of payment, etc. under paragraph (1) shall be as prescribed by theGA Commonization Act.
Article 10 (Recovery of Fees, Policies, etc.) (1) Where an agency refunds all or part of the premiums received by a company to a policyholder due to the change, invalidation, invalidation, termination, cancellation, etc. of recruited insurance contracts, it shall refund all or part of the fees, policies, etc. received by such company in connection with the relevant
B. From April 2017 to March 2018, the Plaintiff paid KRW 2,493,69,896, including fees, in accordance with the payment standards set by the Plaintiff regarding the contract the Defendant recruited from around April 2017 to March 2018.
However, since November 2017, there were reasons for delinquency and invalidation of insurance premiums for the insurance contracts recruited by the defendant from around November 2017, and around May 2018, the 40-day contract of the total of 57 contracts recruited by the defendant was in the state of delinquency or invalidation.
C. The Defendant’s balance of the fee to be recovered pursuant to Article 10 of the instant contract is KRW 670,879,169 as of December 31, 2018, as follows.
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence (including branch numbers, hereinafter the same shall apply)
2. According to the above facts of recognition as to the cause of the claim, the defendant shall pay the fees and policies prescribed in Article 10 of the contract of this case to the plaintiff, except in extenuating circumstances.