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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
1..
Reasons
1. Facts of recognition;
A. On October 19, 2016, the Plaintiff entered into a contract with the Defendant for commission of insurance solicitors (hereinafter “instant contract”).
From around that time, the defendant served as an insurance solicitor of the plaintiff and was dismissed on June 8, 2017.
B. According to the instant contract, the Plaintiff shall pay the fees to the Defendant in accordance with the criteria for payment of various allowances separately determined by the Plaintiff in return for the conclusion of the insurance contract and the conduct of the business incidental thereto. If any ground arises, such as the invalidation, loss of effect, and termination of the insurance contract recruited by the Defendant
(Article 6(1) and (4) of the Agreement.
Fees to be returned by the defendant as part of the insurance contracts recruited by the defendant are 7,616,423 won in total as follows:
CF F FO FO O T D DG GH H H J Q QV U M
D. Meanwhile, on October 26, 2016, the Plaintiff paid the Defendant KRW 14,00,000,000, totaling KRW 7,000,000 on November 28, 2016 as settlement subsidies, and the details of the “FC fee payment criteria and the written confirmation on restitution” written by the Defendant regarding the restitution of settlement subsidies are as follows.
I have received full explanation from you about the criteria for the payment and recovery of fees in accordance with the criteria for the payment and collection of fees for the Independent Bureau, and I have agreed without any objection to the application of the criteria for the payment of fees.
On the other hand, in the case of a settlement allowance (settlement subsidy) received from the company in addition to the criteria for the payment of fees, I agree to recover the subsidized amount and do not raise any objection.
1. Where he/she retires within 13 months from the base date of the commissioning month, he/she shall recover 100% of the amount of the subsidized allowance (the working conditions until the date of the next payment of the allowance) within 25th month of the commissioning month;