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1. The Defendant shall pay to the Plaintiff KRW 39,825,671 and the interest rate of KRW 15% per annum from November 16, 2017 to the date of full payment.
Reasons
1. Determination as to the cause of claim
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be admitted by adding to the whole purport of the pleadings the entries in Gap evidence 1 to 10 (including paper numbers):
(1) The Plaintiff is an insurance agency under the Insurance Business Act, and the Defendant is an insurance solicitor who has worked as the head of the team at the party branch of the Plaintiff company from April 5, 2016 to June 19, 2017.
(2) The Plaintiff and the Defendant respectively concluded a subsidiary agreement on commission contracts of insurance solicitors, payment rate of commission, redemption rate, etc., and agreement on redemption rate of commission. According to this, an insurance solicitor shall return all of the amount recovered pursuant to the company regulations from the fees already received from the company when the conditions of the insurance contract were modified, invalidated, terminated, terminated, terminated, termination, cancellation, cancellation, or the reason for restitution due to incomplete sales occurred, and the insurance solicitor shall consent to offset the amount to be refunded to the company if there is any commission to be refunded by the insurance solicitor, and even after the termination of the commission contract of the company and the insurance solicitor, the insurance solicitor shall refund the commission to the company
(3) The details of the occurrence of the amount of recovery (i) are classified into the first recruitment fee, contract management fee, and maintenance and repair fee, which are the fees provided for in Article 2 of the attached arrangement to which the Plaintiff paid to the Defendant from July 2017 to March 2018.
Of them, 29,731,323 won was recovered.
(2) A policy fee insurance company that the Plaintiff paid to the Defendant refers to a fee additionally paid when selling a specific product to promote the sale of the insurance product.
Of the premiums, there was a total of KRW 1,167,860 (including additional claim 600,000) due to failure to meet the six-time payment criteria of the premiums.
③ On the basis of the latter part of the first half of the year, the Plaintiff paid a prize fee to the Defendant.