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. Basic facts

A. On May 201, the Defendant entered into an agency contract with ELS Co., Ltd. (hereinafter “ELS”) with the name of ELS Co., Ltd. around May 201, and had been supplied with a mobile phone terminal from ELS around that time.

B. On April 20, 201, the Defendant entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff on April 20, 201, the insured was EL Plus, the insurance amount was 60 million won, the insurance period was 50 million won from May 1, 2011 to April 30, 2013, and the indemnity amount was grounded on a mobile network operator’s liability for damages under an agency contract and the liability for the sales of the credit goods for wired communications products, thereby making the insured’s loss (hereinafter “instant performance guarantee insurance contract”).

The defendant paid insurance money to the insured by the plaintiff due to the failure of the above obligation guaranteed by the plaintiff at that time, and the plaintiff paid the insurance money to the insured from the day following the payment date of the insurance money to the day of full payment (6% per annum from the day following the payment date of the insurance money to the day of full payment, and 9% per annum from the next day).

The co-defendant B of the first instance trial jointly and severally guaranteed the debt owed to the plaintiff according to the performance guarantee insurance contract of this case at that time.

C. On August 8, 2013, ELPus notified the termination of the agency contract on grounds of the suspension of the Defendant’s business activities, etc., and filed a claim with the Plaintiff for KRW 10,896,745, which was incurred while operating the agency in accordance with the instant performance guarantee insurance contract, as insurance proceeds. After undergoing the review, the Plaintiff paid KRW 10,896,745, insurance proceeds to ELPus on March 21, 2017.

The contractual delay damages incurred from March 22, 2017 to April 20, 2017, the day after the payment date of insurance proceeds, are KRW 53,737.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of the claim.