7. up to 27.0% per annum.

A. B entered into a consignment agency contract with the non-party company K (hereinafter referred to as the "non-party company") around July 2009, and the defendant entered into a joint and several guarantee contract (hereinafter referred to as the "guarantee contract of this case") for all obligations at the time of occurrence of damages and credit transaction, etc. under the above contract, and the defendant automatically renewed the contract for the same period where "the joint and several guarantee period is two years, and the objection is not notified in writing not later than two months before the expiration of the guarantee period, and the guarantor may terminate the guarantee contract of this case by document when two years have elapsed from the guarantee contract date." Accordingly, the defendant's joint and several guarantee period for the non-party company has been automatically renewed every two years.

B. From July 2009 to December 25, 2017, the Plaintiff entered into a performance guarantee insurance contract (payment) with the non-party company as the insured for the guarantee of liability for damages to the non-party company B and the payment of credit goods payment to the non-party company, the Plaintiff continued to renew the insurance amount of KRW 150,000,000 on December 8, 2015, and concluded a performance guarantee insurance contract with the insurance period of KRW 150,00,000 on December 8, 2015, respectively.

(hereinafter referred to as the “instant insurance contract”) C.

On July 14, 2017, when B, the contractor under the instant insurance contract, failed to perform his/her obligation to the non-party company that is the insured, the non-party company claimed insurance proceeds to the Plaintiff, and the Plaintiff paid KRW 121,348,793 to the non-party company as the insurance proceeds.

On the other hand, B, while the lawsuit in this case is pending, became final and conclusive upon the bankruptcy and immunity decision of the court No. 2017Hadan1406, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff alleged by the 1st party as to the cause of the claim is the relationship between the defendant and the joint guarantor under Article 448 of the Civil Code.