1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 45,568,260 as well as the full payment from May 24, 2014.

1. Basic facts

A. On November 17, 2010, the Plaintiff entered into a comprehensive sales agency contract with the non-party company B (hereinafter “non-party company”) with the content that it shall have all rights to the insurance contract sold by the non-party company and pay the fees therefor.

(hereinafter referred to as “the instant contract”). (b)

According to Article 4 (4) of the contract of this case, if the collection of fees paid by the non-party company pursuant to the plaintiff's sales agency fee provision, the non-party company bears the obligation of return according to the plaintiff's recovery provision. The defendant, as a representative director of the non-party company, provided joint and several sureties with the obligation of recovery

C. The Plaintiff paid the commission of KRW 154,39,510 in total from April 19, 2012 to February 19, 2014 with respect to the conclusion of the insurance contract sold by the Nonparty Company. The insurance contract concluded during the said period by the Nonparty Company was clearly stated as borrowing the name of the policyholder, and the said insurance contract was subsequently terminated and invalidated later.

As a result, the fee that the non-party company should return to the plaintiff is KRW 154,39,510.

E. Meanwhile, the non-party company issued the performance guarantee insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. to the Plaintiff, and the Plaintiff received KRW 100 million from the Seoul Guarantee Insurance.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 evidence 3-1 to 10, Gap evidence 4-1 to 8, and Gap evidence 5, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, since the defendant has jointly and severally guaranteed the obligation to return fees of the non-party company under the contract of this case, the defendant shall pay the refund fees of KRW 45,568,260 to the non-party company as requested by the plaintiff from KRW 154,39,510, which the plaintiff received from the Seoul Guarantee Insurance and the non-party company 8,831.