1. The Defendant’s KRW 39,970,540 per annum for the Plaintiff and KRW 6% per annum for the period from April 1, 2014 to October 24, 2014.

1. Fact that he/she has no dispute;

A. On October 25, 2011, the Defendant concluded a guarantee insurance contract with the Plaintiff (hereinafter “instant guarantee insurance contract”) with the following in order to guarantee the liability for damages arising from the franchise agreement, upon entering into a franchise agreement with the Korea Development Association (hereinafter “Korea Development Association”).

＊ 피보험자 : 코리아세븐 ＊ 보험가입금액 : 5,000만 원 ＊ 보험기간 : 2011. 11. 4.~2016. 11. 3. 나.

According to the instant guarantee insurance contract, where the Defendant’s failure to perform the main contract with the Korea Development Bank, and the Plaintiff pays the insurance proceeds to the Korea Development Bank in the Korea Development Bank, the Defendant shall immediately pay the insurance proceeds to the Plaintiff, but if delayed, the Defendant shall pay damages for delay in addition to the rate determined by the Plaintiff from the day following the payment of the insurance proceeds to the day following

C. Meanwhile, the interest rate on delay determined by the Plaintiff is 6% per annum from the day following the payment of insurance proceeds until 30 days, 9% per annum from the following day to the 60th day, and 15% per annum from the following day to the date of full payment.

Then, the defendant did not comply with the contract with the Korea Development Bank of Korea. Accordingly, on March 31, 2014, the plaintiff paid 39,970,540 won as insurance money to the Korea Development Bank of Korea.

2. Determination as to the cause of action

A. According to the facts of recognition of the Defendant’s duty of indemnity prohibition, the Defendant is obligated to pay to the Plaintiff the insurance money of KRW 39,970,540 paid by the Plaintiff as stipulated in the instant guarantee insurance contract, and to pay to the Plaintiff 6% per annum, which is the agreed delay damages rate, from April 1, 2014 to October 24, 2014, the service date of the instant payment order from April 1, 2014, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the full payment date.

B. As to the defendant's assertion and its determination, the defendant filed an application for bankruptcy and exemption with the Daegu District Court for the procedure.