1. The Defendant: (a) KRW 99,55,068, as well as KRW 10% per annum from February 2, 2017 to September 19, 2017 to the Plaintiff.

1. Facts of recognition;

A. On March 2015, the Defendant purchased insurance products under the name of the Plaintiff and made an investment to the Plaintiff in order to subscribe to the principal-guaranteed-type product of the same kind as the principal-guaranteed-type fire whose high profit is guaranteed, and paid KRW 1,500,000 per month as the interest amount.

Accordingly, the Plaintiff paid total of KRW 100,500,000 to the Defendant from April 1, 2015 to March 30, 2016.

B. On December 4, 2016, the Defendant failed to pay all of the dividends under the aforesaid investment agreement to the Plaintiff, and the Plaintiff and the Defendant agreed that the Defendant borrowed KRW 100,500,000 from the Plaintiff, and that a certain amount of principal shall be repaid during the period from January 26, 2017 to 30 days from January 26, 2017 (all the amount excluding a certain amount of living expenses out of the Defendant’s salary) and that a delay in the repayment of principal and interest shall be paid at the rate of 10% per annum for the delayed principal and interest, and that a delay in the payment of the borrowed amount shall immediately lose the interest.

However, from January 26, 2017 to the 30th day of the same month, the Defendant did not pay the Plaintiff the said money at all, and paid only KRW 1 million on February 1, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant violated the above agreement even though it was obligated to repay part of the principal amount of KRW 100,500,000 from January 26, 2017 to the Plaintiff, according to the agreement made on December 4, 2016, and thus, the Defendant is obligated to pay the Plaintiff damages for delay from January 31, 2017, which is the day following the date on which the Plaintiff loses its interest.

B. Although the Defendant failed to pay the dividend agreed upon to the Plaintiff, it did not pay the amount equivalent to KRW 36,462,452 as principal and interest, and thus, the said amount should be considered as principal repayment out of the said loan. However, the Defendant paid the said amount to the Plaintiff.