1. The Defendant’s KRW 35,43,980 and KRW 21,473,360 among the Plaintiff, respectively, shall be 12% per annum from January 1, 2016 to August 10, 2016.

1. Determination as to the cause of claim

A. On April 1, 2009, the Plaintiff entered into a performance guarantee contract (hereinafter “instant performance guarantee contract”) with the Defendant, which is an insurance solicitor of a future life insurance company (hereinafter “U.S.”) as follows.

Insured: Amount of insurance coverage for future deposits: 30,000,000 won: From April 1, 2009 to March 31, 2011: The details of guarantee: The name of a principal contract for guaranteeing the repayment of insurance company fees and the guarantee of the payment of the insurance company fees (limited to the obligations under the payment provision of fees and the guarantee of the obligations under a monetary loan contract shall not be secured): A contract for the commission of a designer for the future.

B. Along with the occurrence of reasons such as not maintaining the insurance contract solicited by the Defendant during the period specified in the contract for the commission of a designer, the Defendant was obligated to refund the fee of KRW 21,473,360 to future deposit money in accordance with the above commission contract.

C. On July 21, 2011, the Plaintiff paid KRW 21,473,360 to future deposit money pursuant to the instant performance guarantee contract. As of December 31, 2015, the balance of principal and interest on the indemnity as of December 31, 2015 (i.e., principal amount of KRW 21,473,360 for delay damages of KRW 13,960 for delay damages of KRW 13,960 for delay damages of KRW 12% per annum.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

D. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum from January 1, 2016 to August 10, 2016, the delivery date of the instant complaint, based on an agreement of 35,43,980 won with respect to the principal and interest on indemnity and 21,473,360 won with respect to the principal and interest on indemnity, and from the following day to the date of full payment, pursuant to the rate of 15% per annum from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) retired from the future deposits around the end of March 2010, and until that time, the insurance contracts recruited by the Defendant were maintained normally. 2) However, the management neglect of future deposits after the Defendant retired.