1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. (1) In order to guarantee the payment of loans owed by national banks in B and B on March 5, 2010, the Plaintiff entered into a credit guarantee agreement with the term of March 5, 2014, setting the guaranteed amount of KRW 20,000,000 and the term of guarantee as of March 5, 2014 (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case on the same day, the Defendant jointly and severally guaranteed the obligation that B bears to the Plaintiff pursuant to the credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, where the Plaintiff pays the principal and interest of the loan on behalf of B, B shall also pay to the Plaintiff ① the amount paid by the Plaintiff for the performance of the loan and damages for delay in accordance with the rate determined by the Plaintiff from the date of payment to the date of full payment, ② the expenses incurred in the performance of the guaranteed obligation, ③ the expenses incurred in the preservation, transfer, and exercise of the right acquired by the performance

B. On March 5, 2010, the Plaintiff issued a credit guarantee under the instant credit guarantee agreement and the Plaintiff’s subrogation (1) to B, pursuant to the instant credit guarantee agreement, and B received a loan from the said bank as collateral on the same day, and thereafter, B failed to repay the principal and interest of the loan to the said bank. Accordingly, the Plaintiff repaid the principal and interest of the said bank on April 29, 2013 (i.e., the principal amount of KRW 10,040,000,00) (i.e., the principal amount of KRW 177,886).

C. A part of the claim for indemnity and a fixed delay damages 1) The Plaintiff recovered the sum of KRW 2,575,367 from April 29, 2013 to April 22, 2015, and appropriated the partial repayment of the claim for indemnity, and the final delay damages are KRW 382,727. 2) The rate of damages for delay determined by the Plaintiff is KRW 15 per annum from April 29, 2013 to April 28, 2015 and KRW 12 per annum from the following day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of the claim.