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 July 208, 2008, B Co., Ltd. (hereinafter “B”) concluded a performance guarantee insurance contract with the purport of guaranteeing the payment of rental fee and ex post facto compensation for the gold rental car with the insurance coverage amounting to KRW 2,970,000, from July 18, 2008 to July 17, 201, with the insurance coverage amounting to KRW 2,970,000.

At the time, the defendant, who was the representative director B, guaranteed the indemnity obligation that B bears to the plaintiff according to the above performance guarantee insurance contract.

B. On March 6, 2009, Kugren Ba delayed the payment of rent, upon the Plaintiff’s delay, claimed insurance proceeds under the performance guarantee insurance contract. On April 10, 2009, the Plaintiff paid KRW 2,970,000 to Kugren Ba.

C. At the time of the above performance guarantee insurance contract, B agreed to pay damages for delay according to the interest rate determined by the Plaintiff from the day following the day of the payment of insurance proceeds to the day of full payment. The damages for delay calculated from April 11, 2009 to December 31, 2010, based on the interest rate determined by the Plaintiff (19% per annum until December 31, 2010, and 15% per annum thereafter) is KRW 973,97.

[Ground for recognition] The facts without dispute, Gap evidence 1, Gap evidence 2 (a guarantee insurance agreement, defendant's defense to the effect that this document was made by misappropriation of the defendant's seal, but the above defense is not accepted as seen in Paragraph (b) below 2-B), Gap evidence 3 through 9, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of claim, the Defendant prescribed the Plaintiff according to performance guarantee insurance contract as to KRW 3,943,97,97, including KRW 2,970,00 and KRW 973,97 on behalf of the Plaintiff due to the performance of the obligation for reimbursement under the above performance guarantee insurance contract, and KRW 2,970,00 from January 1, 2011 to May 9, 2014, which is the date of the final delivery of the copy of the complaint in this case.