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 12, 2015, the Defendant concluded a guarantee insurance contract for the performance (sale of goods) from February 12, 2015 to February 11, 2016 (hereinafter “instant insurance contract”) with the Plaintiff and the insurance coverage amount of KRW 120,000,000, and the insurance coverage period of February 12, 2015 to February 11, 2016, and B jointly and severally guaranteed the Defendant’s liability for indemnity against the Plaintiff.

(hereinafter referred to as “instant joint and several sureties contract”). (b)

According to the insurance contract of this case, where the plaintiff makes a substitute payment for the non-party company due to the defendant's failure to pay debts, the defendant shall pay damages for delay at the interest rate publicly notified by the plaintiff from the day following the date of payment to the day of full payment. The agreement rate is 6% per annum from the day following the date of payment to 30% per annum, 9% per annum from the next day to the 90th day after the date

C. On February 12, 2015, the Plaintiff issued the performance guarantee insurance policy under the instant insurance contract to the non-party company.

As the non-party company did not receive 151,134,255 won of credit amount from the Defendant, it filed a claim with the Plaintiff on September 1, 2015. On September 24, 2015, the Plaintiff paid KRW 120,000,000 to the non-party company of the instant insurance contract.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the principal and interest of indemnity that the Defendant is obliged to pay to the Plaintiff under the insurance contract of this case shall be KRW 120,000,000 for the principal of indemnity liability and KRW 591,780 for the delay damages at the rate of 6% per annum under the agreement from September 25, 2015 to October 24, 2015, which is the following day after September 25, 2015 (i.e., 120,000,000 x 0.06 x 30/365) and for the delay damages at the rate of 9% per annum under the agreement from October 25, 2015 to December 23, 2015 x 1,775,3420,000 x 120,009 x 09.