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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. Facts of recognition;
A. On February 15, 2012, the Plaintiff, the purpose of which is insurance business, etc., entrusted the Defendant with the duties of mediating the conclusion of insurance contracts, maintaining the contracts, etc. for a one-year term of contract, and entered into a contract for the commission of insurance solicitors (hereinafter “instant contract”) to pay fees pursuant to the business rules and regulations set by the Plaintiff (hereinafter “instant business regulations”).
B. From February 15, 2012 pursuant to the instant contract, the Defendant was engaged in the Plaintiff’s activity as an insurance solicitor of the ETS branch from February 15, 2012, and was paid the following nominal fees from the Plaintiff. However, around September 28, 2012, the instant contract was terminated as of October 10, 2012 upon requesting the Plaintiff to retire or dismiss the Plaintiff:
Items 13,183,31 won 6,185,00 won 4,579,280 won 6,798,545 won 6,798,545 won 5,13,365 won 35,879,521 won for contract management and other total amount
C. According to the business regulations of this case, when an insurance solicitor submits a resignation within one year or ex officio dismissed, the full amount of settlement support fees (Ⅰ) and 50% of settlement support fees (Ⅱ) shall be recovered in lump sum. Sales performance fees and contract management fees shall be recovered in full at the time of occurrence of a cause, such as failure to maintain, withdraw, and terminate an insurance contract. In the case of an incomplete sales, 10,000 won per case, 4,000 won per case at the time of termination of quality guarantee, and 2,000 won per case at the time of withdrawal before or after the termination of the insurance contract.
The fees to be paid by the Defendant to the Plaintiff under the business rules of this case due to the retirement of less than one year and the termination, invalidation, incomplete sale, etc. of some insurance contracts recruited by the Defendant are KRW 13,910,585 in total as indicated in the following table. The Plaintiff has already deducted KRW 2,99,293 out of the above fees from the method of deducting from the performance bond for the recovery of various fees or fees, or from the year-end settlement refund, etc. to the Defendant.