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1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 18, 2012, the Defendant entered into a contract for commission of the Plaintiff and the insurance solicitor (hereinafter “instant commission contract”) and engaged in the insurance solicitation business as the Plaintiff’s insurance solicitor. The Plaintiff paid to the Defendant fees calculated in accordance with the fee payment criteria.
According to the instant commission contract, (1) where an insurance contract solicited by a designer has been returned to the contractor, such as the invalidity and cancellation under the terms and conditions of the product and the law, the designer shall refund the fees already paid to the company on the condition that the contract is effectively concluded and maintained; and (2) where the designer has received the fees to be incurred in the future from the company on the condition that the contract is maintained for a certain period and the solicitation contract remains in force, the designer shall immediately refund the advance payment for the remaining portion when the effect
(Article 7(1) and (2) of the instant commission contract. However, there were grounds for refund of fees such as non-maintenance and termination of invalidation after the insurance contract the Defendant recruited, and the amount of fees recovered to be refunded to the Plaintiff according to the criteria for payment of fees is KRW 59,936,946.
Therefore, the defendant is obligated to refund the above fees to the plaintiff 59,936,946 won and damages for delay.
2. In a case where an agreement not to file a lawsuit even if a dispute arises with respect to a specific right or legal relationship of the non-committee agreement (hereinafter referred to as “non-committee agreement”), there is no benefit in the protection of rights in the lawsuit filed against it.
However, according to the purport of Eul evidence No. 1 and the whole arguments, when the above grounds for refund of fees arise, the defendant shall pay 12,000,000 won as compensation to the plaintiff's damages to the head of the branch office (C) to which the defendant belongs on December 11, 2012.