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 February 15, 2013, the Plaintiff entered into a performance guarantee insurance contract with B Co., Ltd. (formerly, Co., Ltd.; hereinafter “former Co., Ltd.; hereinafter “principal debtor company”) to guarantee the payment of liability, such as rent and penalty for breach of contract entered into with the main debtor company (hereinafter “instant performance guarantee insurance contract”) by setting the insurance amount of KRW 9,000,000,000.

B. Through the Plaintiff’s Internet homepage, the joint and several guarantee agreement under which the Defendant, who was the representative of the principal debtor company, concluded as a joint and several guarantee agreement for the obligation under the instant guarantee insurance contract (hereinafter “instant joint and several guarantee agreement”) in electronic form.

C. On December 29, 2014, the Plaintiff paid KRW 9,000,000 of the insurance money to the Kitrenal Co., Ltd., the insured, as the insured, on December 29, 2014.

Meanwhile, in the instant guarantee insurance contract, the principal obligor company agreed to pay damages for delay at the rate of overdue interest set by the Plaintiff within the maximum overdue interest rate set by the Plaintiff among the overdue interest rates of financial institutions when the Plaintiff paid the insurance proceeds due to the occurrence of the insurance accident.

In this regard, the overdue interest rate determined by the Plaintiff is 6% per annum from December 30, 2014 to January 28, 2015, 9% per annum from January 29, 2015 to March 29, 2015, and 15% per annum from March 30, 2015.

E. Under the above interest rate determined by the Plaintiff, the sum of damages for delay calculated from December 30, 2014 to March 29, 2015, the following day following the Plaintiff’s payment date of insurance proceeds, is KRW 177,533.

[Ground of recognition] Evidence Nos. 1, 2-1, 2-2, 3-7, and the purport of the whole pleadings

2. Determination

A. The Plaintiff seeking the performance of the guaranteed obligation pursuant to the joint and several guarantee agreement of this case, and the Defendant’s joint and several guarantee agreement of this case is the Defendant.