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Of the judgment of the first instance, the part against the defendant among the judgment of the court of first instance is modified as follows.
A. The plaintiff's claim against the defendant
Reasons
1. Basic facts
A. The Defendant borrowed KRW 10,00,00 from D Co., Ltd. (hereinafter “D”), and entered into a small-sum loan guarantee insurance contract issued by E Co., Ltd. (F Co., Ltd. (hereinafter “F Co., Ltd.”) to guarantee the repayment obligation of the loan (hereinafter “D”) as security. In order to provide the small-sum loan guarantee insurance contract issued by F Co., Ltd. (hereinafter “F”) as security without distinguishing before and after the mutual change, the insured between F and F on December 9, 1993, entered into a contract between F and F on December 9, 1993, between D, the insurance amount of KRW 11,00,000,000, and the insurance period from December 9, 1993 to February 6, 199 (hereinafter “instant agreement”). The Defendant borrowed KRW 10,000,000 as security and the Defendant’s debt obligations under the instant agreement.
B. According to Article 3 of the instant arrangement, when an insurance contractor (Defendant) pays insurance proceeds due to the failure to pay D’s loans, the insurance contractor and joint and several guarantors pay insurance proceeds to F, and the amount of delayed damages to F from the day following the payment date until the day of full payment.
(c)
On June 3, 1994, the Defendant delayed the repayment of the obligation to D, and the F paid the insurance money of KRW 10,807,347 under the instant agreement to D.
(d)
F has filed a lawsuit against the defendant, C, and G on June 1, 1999 against Busan District Court 41424, a group of 199 Ghana (hereinafter “the claim of this case”). The above court on October 1, 1999: "43,286,313 won jointly and severally for the defendant, C, and G, and 32,42,041 won per annum from June 4, 1994 to July 3, 1994; 14% per annum from the following day to October 22, 1995 to October 198; 17% per annum from the following day to September 19, 195 to 32,42,00 won; and 17% per annum from the day to July 19, 198; and 19% per annum from the day to September 19, 195 to 19.