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1. The Defendant: (a) KRW 42,400,000 for the Plaintiff and 5% per annum from May 29, 2018 to November 26, 2019; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that establishes more than 450 branches nationwide and operates an insurance agency business. The Defendant is a person registered as an insurance solicitor of “C”, the Plaintiff’s branch office located in Suwon-si.
B. On November 2, 2016, the Defendant entered into the instant commissioning Contract (hereinafter “FP”) with the Plaintiff and an insurance solicitor (Fincian Popn; hereinafter “FP”). At the time, the Defendant entered into the instant commissioning Contract (hereinafter “instant commissioning Contract”). At the time, the commission contract, the agreement on commission payment standards, the full sale of attached documents, a written commitment to comply with insurance regulations and solicitation order, a written confirmation on the payment of fees, etc., and the main contents are as follows.
[Commission Contract] Article 4 (Entrustment Business] (1) Company (A company refers to the plaintiff; hereinafter the same shall apply) shall entrust FP with the following business affairs, and FP shall faithfully perform the entrusted business affairs in accordance with the principle of good faith in order to comply with the relevant statutes, company's policies, internal regulations and guidelines:
1. All affairs related to new contracts, such as brokerage of conclusion of insurance contracts, receipt of subscription forms and computerized inputs (excluding affairs related to acceptance of subscription);
2. Business affairs for the maintenance of retained contracts, such as customer management and the collection of premiums, and for the services of policyholders (payment of fees) (1) A company shall pay to the FP fees calculated on the basis of business performance, efficiency, and other sexual standards determined by the company in return for the performance of entrusted duties of the FP;
(2) A company shall determine specific matters concerning the payment of various fees, such as the items of various fees, requirements for payment by item, methods of calculation, grades, efficiency, etc., detailed methods of calculation of amount paid, date of payment, etc. and shall comply with the rules on fees and standards for payment determined by the company.
The Company shall fully explain the conclusion of this contract and obtain the consent of the FP.
Article 7 (Recovery of Fees, Policies, etc.) (2) Company shall pay to the FP all fees related to insurance contracts solicited by the FP.