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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. Basic facts
A. The Plaintiff entered into a contract with DGB life insurance company and received allowances from the said company for soliciting new contracts, and at the time of termination, is an insurance agency business, insurance consulting business, etc. by recovering allowances already paid.
On August 16, 2016, the Defendant was commissioned as the Plaintiff’s agency designer (hereinafter “instant commission contract”) and was dismissed on December 27, 2016, when engaging in activities such as incidental business for the brokerage of conclusion of insurance contracts and the maintenance and management of insurance contracts.
B. Of the benefits provisions under the instant commission contract, the part related to the Defendant is as follows.
Article 6 (Duty of Designer to Pay Allowances, etc.) (2) If a cause for redemption prescribed in the Insurance Business Guidelines occurs, the company may recover all or part of the fees already paid in accordance with the Insurance Business Guidelines.
(8) With respect to a person who retires (or termination of a contract) without working until the payment date of allowances, only a new contract allowance, a contract management allowance, a maintenance worker (TMR shall be performance and contract management allowance) shall be paid, and no allowances shall be paid from the month following the date of termination.
Article 15 (Compensation for Damages) (1) A company may claim against a designer in any of the following cases:
5. The designer shall compensate for any pecuniary loss incurred by the cancellation, etc. of the solicited insurance contract during the commissioning period even after the termination of this contract;
Article 17 (Financial Guarantee, etc.) (1) At the same time, a designer shall subscribe to an identity guarantee insurance and performance guarantee insurance in accordance with the standards set by the company.
(2) Where a designer is unable to purchase a performance guarantee insurance under paragraph (1), he/she shall accumulate a performance guarantee bond in accordance with the standards determined by the company.
C. Nine items (B, C, D (Cancellation of Order), E, F, G, D (C, H, and I) of the insurance contract that the Defendant entered into while working for the Plaintiff Company are effective, effective, cancelled, and cancelled.