1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Basic Facts

On November 23, 2015, the Plaintiff engaged in insurance agency business: (a) signed a commission agreement between the Defendant and the Defendant with the content that the Defendant works as an insurance solicitor of the Plaintiff; and (b) according to such agreement, the Defendant is obliged to receive certain fees from the Plaintiff in the event that the Defendant, as an individual business entity, engages in the business of mediating the conclusion of the insurance contract for the Plaintiff and success in the conclusion of the contract.

On November 3, 2015, the Plaintiff remitted KRW 1,000,000 to the Defendant’s account, and KRW 1,500,000 on November 30, 2015.

The Plaintiff, while remitting the said money, stated the reason for remittance in the remarks column of the Plaintiff’s account as a loan to the Defendant.

In addition, on December 31, 2015, the Plaintiff paid KRW 1,500,000 to the Defendant as business income, and collected KRW 49,500 as withholding tax, and remitted the remainder of KRW 1,450,50 to the Defendant’s account.

The Defendant was engaged in telemarketing business for concluding an insurance contract by using the list of customer candidates (hereinafter “instant data”) provided by the Plaintiff, but the fact that it actually entered into an insurance contract does not reach the conclusion of the insurance contract.

[Ground of recognition] Gap evidence Nos. 1, 2-1 through 3, 3, and 7, and the part of the claim for a loan to the purport of the entire pleadings, the parties asserted that the plaintiff paid to the defendant a total of KRW 4,000,000,000 (= KRW 1,500,000,000) paid to the defendant, upon the defendant's request that the plaintiff started to work as an insurance solicitor, shall be deducted from the commission according to the insurance solicitation performance. The defendant claimed that the total amount received should be refunded to the plaintiff since he did not conclude one insurance contract until the termination of the insurance solicitor's activities.

In this regard, the defendant is not a borrowed money but a remuneration that the plaintiff's call center was established in Yeongdeungpo-gu area and received properly.