1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to paragraph (1).

1. Facts of recognition;

A. On December 6, 2016, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant agreement”) with the Defendant and C (hereinafter “C”) that guarantees the payment of rental fees and consolation money for the Defendant and C, setting the insurance coverage amount as KRW 18,030,00 from December 15, 2016 to December 14, 2020, with the insured D Co., Ltd. (hereinafter “D”), and the insurance coverage amount as KRW 18,030,000.

B. D filed a claim for insurance proceeds under the instant agreement with the Plaintiff as the Defendant and C breached their obligations under the rental agreement, and the Plaintiff paid KRW 15,591,620 of the insurance proceeds to D on August 24, 2017, and the Defendant and C repaid KRW 2,050,000 among these payments on December 18, 2017.

C. Under the instant agreement, where the Plaintiff paid insurance proceeds to the insured due to the occurrence of an insured incident, the Defendant, and C agreed to jointly and severally pay the insurance proceeds and damages for delay in accordance with the interest rate determined by the Plaintiff from the day following the date of payment of insurance proceeds to the day of full payment. The damages for delay from the day following the date of payment of insurance proceeds to December 18, 2017 under the interest rate (6% per annum from the day following the date of payment of insurance proceeds, 60 days from the next day, 9% per annum, and 12% per annum) set by

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant shall jointly and severally with C to the plaintiff KRW 13,541,620 (=15,591,620 - 2,050,000), and damages for delay up to December 18, 2017, KRW 13,982,456, and KRW 13,541,620, which is the day following the day when calculating damages for delay, as to KRW 13,541,620, which is the day when the original copy of the instant payment order was served by the plaintiff from December 19, 2017 to November 28, 2018, and thereafter, 12% per annum as stipulated in the instant agreement, which is the day when the original copy of the instant payment order was served by the plaintiff.