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1. The Plaintiff:
A. Defendant A’s KRW 92,704,028 and interest rate of KRW 15% per annum from December 31, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 21, 2015, the Plaintiff entered into an insurance solicitation entrustment contract (hereinafter “instant contract”) with a company providing insurance services, etc., and with Defendant A, the Plaintiff entrusted Defendant A with the conclusion of an insurance contract brokerage, maintenance and management of holding contracts, and ancillary services thereto, and Defendant A agreed to receive fees from the Plaintiff in return, and from that time, Defendant A performed duties under the instant contract.
B. On October 8, 2015, Defendant A’s mother, Defendant A’s obligation to refund fees under the instant contract against Defendant A to the Plaintiff was jointly and severally guaranteed within the limit of KRW 10,000,000,00, and for the said obligation security, Defendant B created a right to collateral security, which constitutes a maximum debt amount of KRW 150,000,000, the maximum debt amount of KRW 309,000, for the said obligation security.
C. Meanwhile, it was terminated even without maintaining multiple insurance contracts arranged by Defendant A, and the Plaintiff had the right to refund fees of KRW 242,704,028 against Defendant A according to the instant contract.
On February 6, 2018, Defendant B paid KRW 150,000,00 to the Plaintiff out of the Defendant’s obligation to return the above fee, and the Plaintiff and the Defendants concluded an agreement stating that “Defendant A is liable to pay the fee of KRW 92,704,028 (=242,704,028), - 150,000,000, out of the said money, and Defendant B is liable to pay the said fee of KRW 92,704,028” on the same day.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings
2. Based on the determination and conclusion, Defendant A is obligated to pay the Plaintiff KRW 92,704,028 and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 31, 2017 following the delivery date of a copy of the complaint to the date of full payment. Defendant B is jointly and severally liable with Defendant A to pay KRW 10,000,000 out of the above money.
The plaintiff's claim is justified and accepted.