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. The Plaintiff entered into a contract for fidelity guarantee with Nonparty Company, Defendant, and Defendant’s insurance coverage amount of KRW 150,000,000 with Nonparty Company, Defendant, and Defendant’s insurance coverage amount of KRW 150,000 between January 1, 200 and December 31, 2003.”

B. On December 12, 2003, the non-party company claimed insurance money to the Plaintiff on the ground that the non-party company committed an illegal act, such as voluntary sale without the consent of the customer, and the non-party company paid compensation to the customer, thereby claiming insurance money. On May 14, 2004, the Plaintiff paid insurance money to the non-party company KRW 56,443,785.

C. On February 2, 2006, the Plaintiff filed a lawsuit against the Defendant for recourse amounting to Seoul Central District Court Decision 2006Da57443, Apr. 11, 2006, the Plaintiff rendered a judgment that “the Defendant shall pay to the Plaintiff 61,175,784 won and 56,43,785 won with interest of 5% per annum from January 17, 2006 to February 24, 2006, and 20% per annum from the next day to the day of full payment” (hereinafter “the judgment in a prior suit”), and the judgment became final and conclusive on May 4, 2006, as it did not appeal by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 4 and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff damages for delay calculated by 162,173,253 won, and 52,165,135 won, excluding the principal 4,278,650 won that the Plaintiff had received after the judgment in the previous suit became final and conclusive, and damages for delay calculated by 15% per annum from May 15, 2004 to September 30, 2015, including damages for delay incurred from May 15, 2004 to September 30, 2015, including 110,008,118 won, and principal 52,165,135 won, from October 1, 2015 to the day of full payment.