1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 5, 2010, the Defendant entered into a contract for the commission of insurance solicitors (hereinafter “instant commission contract”) with the Plaintiff, and worked as the Plaintiff’s insurance solicitor (FP) by October 201.

B. According to the instant commissioning Contract (Evidence A) (Evidence 1), the Plaintiff shall pay the fee calculated in accordance with the “standards for the payment of fees within the insurance business guidelines” set by the Defendant in return for the performance of entrusted duties to the Defendant (Article 6(1)); and (2) In the event of a cause for recovery stipulated in the “Agreement on the Standards for the Payment of Fees” with respect to the insurance contracts recruited by the Defendant, the Defendant shall return the fees already paid to the Plaintiff in accordance

(Article VI(2)(c).

According to the Plaintiff’s “Agreement on the Standards for Payment of Fees” (Evidence No. 5; hereinafter “Annexed Agreement”), the Plaintiff’s fee that the Plaintiff pays to the Defendant is comprised of the fee for new contract and fee for maintenance contract linked. ② The fee for maintenance contract linked is paid to the Plaintiff’s insurance premium deposited at the time of payment of insurance premium, and is not paid at the time of dismissal. ③ In the event of cancellation of order, return, quality guarantee, termination, invalidation, termination, substitute contract, 12 times of non-maintenance (defluence, invalidation, reduction, etc.), contract modification, product exchange, and cancellation of deposit, etc. with respect to the insurance contract recruited by the Defendant, the Plaintiff redeems a certain percentage of the fee that the Defendant paid for each reason, and ④ the fee to be recovered from the monthly payment and revenue stabilization account

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1 caused grounds such as cancellation, termination, and invalidation of part of the insurance contract recruited by the defendant. The defendant is in accordance with the criteria for recovery among the commission fees already paid to the plaintiff according to the instant commissioning contract.