1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On February 9, 2009, the Defendant concluded a contract for commission of life insurance solicitors with the Plaintiff, which is an insurance company, and agreed to collect fees according to the “standards for payment of fees within the business regulations” set by the Plaintiff, but where the insurance contract is not maintained due to its invalidation, etc., the Defendant would recover allowances, etc. previously paid according

B. The Defendant was dismissed on November 26, 2012, and the contract was not maintained due to the invalidation, cancellation, termination, etc. of part of the insurance contract recruited during the period of service, and the remainder of the amount to be returned by the Defendant according to the above fee payment criteria is KRW 21,880,120.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including branch numbers, if any), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the amount to be recovered to the plaintiff KRW 21,880,120 and the damages for delay.

B. Accordingly, the defendant asserts that since the defendant subscribed to the performance guarantee insurance for the repayment obligation under the commissioning Contract with the plaintiff, the claim for recovery against the defendant is unfair, and the amount equivalent to the performance guarantee insurance which the plaintiff has not received on the ground of the expiration of the extinctive prescription, etc. shall be deducted from the defendant's obligation.

However, the obligee can seek performance of the obligation against the principal obligor and the surety at the same time or either party, so the above argument is without merit.

C. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,880,120 as well as damages for delay calculated at the rate of 20% per annum from April 10, 2015 to September 30, 2015, and 15% per annum from the following day to the day of full payment, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. If so, the plaintiff's claim of this case is accepted within the scope of the above recognition, and remainder.