1. The defendant's appeal is dismissed.

2. The appeal costs are all the Defendant, including the costs incurred by the supplementary participation.

1. Basic facts

A. The plaintiff is a guarantee insurance company dealing with guarantee insurance for franchise business, and the defendant is a child of B.

B. (1) On June 8, 2012, B entered into a franchise agreement with the Plaintiff’s Intervenor (the Plaintiff’s Intervenor prior to the change, hereinafter “Plaintiff’s Intervenor”) to operate the convenience store under the name of the Defendant.

② On the same day between the Defendant and the Plaintiff on the same day, a franchise insurance contract was prepared between the Defendant and the Plaintiff as the Plaintiff’s Intervenor’s Intervenor, the purchase amount of the insurance amount of KRW 49 million, the insurance period from June 24, 2012 to June 23, 2017, and the contents of the guarantee “the payment guarantee for the Defendant’s liability for damages to the Plaintiff’s Intervenor in connection with the above franchise agreement,” which read “the payment guarantee for the Defendant’s liability for damages to the Plaintiff’s Intervenor in connection with the above franchise agreement,

C. While the Plaintiff’s Intervenor was running the franchise business, there was a dispute between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor. Accordingly, the Plaintiff’s Intervenor filed a lawsuit against the Defendant for damages claim against Seoul Central District Court Decision 2014Da513128, and on April 29, 2015, rendered a decision to recommend reconciliation with the content of “the Defendant shall pay the Plaintiff’s Intervenor KRW 60 million,” and the said decision to recommend reconciliation became final and conclusive.

On September 10, 2015, the Plaintiff paid the insurance proceeds of KRW 49 million to the Plaintiff’s Intervenor on behalf of the Defendant. Article 3(1) of the aforesaid franchise insurance contract provides, “When the Plaintiff pays insurance proceeds to the insured, the Defendant shall immediately pay the insurance proceeds, but if delayed, he/she shall pay damages for delay in addition to the payment of the insurance proceeds.” Paragraph (2) provides, “The damages for delay under paragraph (1) shall be one year and 365 days from the day following the payment date of the insurance proceeds to the day after the full payment date, and shall be notified by the Plaintiff on a daily basis.”