1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 1, 2010, Defendant (hereinafter “Defendant”) commissioned the Plaintiff as FA (FA) on March 20, 2010.

(hereinafter “instant commissioning Contract”). (b)

On February 28, 2013, the Defendant notified the Plaintiff of the termination of the instant commissioning contract as of March 31, 2013.

C. On October 25, 2013, the Defendant filed a claim against the Seoul Guarantee Insurance Co., Ltd. for performance guarantee insurance on the ground that the Plaintiff refused to return fees, etc. due to the dismissal of the instant commissioning contract.

However, on November 22, 2013, the Plaintiff raised an objection to Seoul Guarantee Insurance Co., Ltd. and filed the instant lawsuit and suspended the payment of guaranteed insurance money.

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

2. The parties' assertion

A. (1) The Plaintiff’s contribution to the Defendant meets the Defendant’s evaluation criteria, but the Defendant was forced to dismiss the Plaintiff on the ground of modified personnel regulations that did not notify the Plaintiff.

(2) The maintenance fees incurred in the insurance contract that the Plaintiff signed and maintained an insurance contract in accordance with the instant commissioning Agreement shall accrue to the Plaintiff even after the dismissal. Thus, even if the Plaintiff had the obligation to refund performance fees, etc. to the Defendant, if the Plaintiff deducts the maintenance fees reverted to the Defendant from the amount to be refunded, there is no obligation such as

(3) Therefore, there is no debt of this case.

B. The Plaintiff is obligated to refund KRW 7,246,383 out of the performance fee that the Defendant received from the Defendant to the Defendant. As long as the Plaintiff was dismissed, there is no ground to receive the maintenance fee from the Defendant.

3. Determination

A. Whether the instant consignment contract has been terminated or not (1) the facts of recognition are described in the evidence Nos. 1, 3, 9, and 11.