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. Comprehensively taking account of the overall purport of the arguments as to the facts acknowledged in Gap evidence Nos. 1 through 5, the defendant was granted a loan of 10,710,000 won for purchasing agricultural machinery from the government agricultural cooperatives on June 14, 2004 as collateral for the plaintiff's credit guarantee. The plaintiff, as the management institution of the Agricultural and Fishery Credit Guarantee Fund, was the defendant as the management institution of the farmers and fishermen's Credit Guarantee Fund during the transaction period from June 14, 2004 to June 14, 2012, under the credit guarantee agreement under the Act on the Credit Guarantee for Farmers and Fishermen with respect to the debts owed to the government agricultural cooperatives and subordinate obligations added thereto. In the event the plaintiff fulfilled the guaranteed obligation, the defendant agreed to pay damages of 12% per annum for the amount of the performance amount and the performance date as determined by the management institution on the basis of the repayment amount, and the plaintiff's repayment of principal and interest due to the defendant's failure to pay them at the maturity date, and recognized the amount of subrogation.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum, which is 15% per annum, the agreed interest rate per annum, from July 15, 2015 to November 11, 2015, which is the date when the first instance judgment is rendered, to the effect that the Defendant’s dispute over the existence and scope of the obligation to perform as to the Plaintiff as to the above KRW 21,225,338 and KRW 9,49,126 from July 15, 2015.

[Plaintiff’s claim for damages for delay calculated at the rate of 20% per annum under Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of the copy of the complaint of this case to the day of full payment. However, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sep. 25, 2015) is applicable.