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. Facts of recognition;

A. On October 22, 2010, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Defendant on a deposit of KRW 11,00,000,000,000 as the guaranteed amount of KRW 9,350,000 and October 22, 2015 (hereinafter “the instant credit guarantee agreement”).

B. At the time of the instant credit guarantee agreement, the Defendant agreed to pay damages for delay at the interest rate determined by the Plaintiff in consideration of the amount of the performance of the guaranteed obligation and its interest rate within the limit of 25% per annum, and to reimburse expenses incurred by the Plaintiff in relation to the preservation, transfer, exercise, etc. of the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation, unpaid guarantee fees, overdue

C. The Defendant was granted a loan of KRW 11 million from community credit cooperatives as security under the instant credit guarantee agreement, and lost the benefit of time due to overdue interest around August 23, 2012.

Accordingly, on April 10, 2013, the Plaintiff paid 6,429,203 won to community credit cooperatives, and collected 70,450 won from the Defendant, and the principal remaining after recovering 6,358,753 won.

In the event that the Plaintiff performed the guaranteed obligation, the interest rate determined by the Plaintiff taking into account the overdue loan interest rate of the financial institution within the limit of 25% per annum pursuant to Article 28 of the Regional Credit Guarantee Foundation Act. The Plaintiff’s internal damages for delay shall be 15% per annum from the date of repayment until April 28, 2015, and the next day shall be 12% per annum from the date of repayment

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant’s payment of KRW 6,358,753 to the Plaintiff according to the interest rate determined by the Plaintiff, which is the date of vicarious payment, shall be 15% per annum from April 10, 2013 to April 28, 2015, and from the next day, from the date of service of the complaint of this case.