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 16, 2009, the Plaintiff entered into a credit guarantee agreement between the Defendant and the other party branch of the Daegu Bank (hereinafter referred to as the “Tgu Bank”) with a view to guaranteeing the payment of loans and obligations arising from loans granted by the Defendant from the other party branch of the Daegu Bank (hereinafter referred to as the “Tgu Bank”), under which the credit guarantee amount of KRW 10,000,000 and the term of the credit guarantee was set as until July 15, 2014 (hereinafter referred to as the “credit guarantee agreement of this case”).

According to the credit guarantee agreement of this case, in case where the defendant did not perform his obligation to repay the loan after receiving the loan from a financial institution under the credit guarantee agreement, and the plaintiff subrogated for the plaintiff, the defendant decided to pay the principal of the subrogation and the damages for delay in accordance with the interest rate determined by the plaintiff.

B. On July 17, 2009, the Defendant submitted a credit guarantee statement issued by the Plaintiff pursuant to the instant credit guarantee agreement to the Daegu Bank, and received a loan of KRW 10,000,000 from the Daegu Bank on the same day.

C. Since then, a credit guarantee accident occurred that the Defendant delayed the repayment of the above loan, and on June 11, 2012, the Plaintiff subrogated to the Daegu Bank for KRW 6,700,024 (the principal of the remaining 6,448,000 interest KRW 252,024).

As of February 6, 2017, the amount of the claim for indemnity against the defendant due to the plaintiff's subrogation (hereinafter "claim for indemnity of this case") or the amount of the claim for indemnity against the defendant due to the plaintiff's subrogation (hereinafter "claim for indemnity of this case") is KRW 6,549,84 won in total, 4,008,776 won in subrogation and KRW 10,558,660 in total, and the rate of delay damages determined by the plaintiff is 12% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Gap evidence 10, Gap evidence 11-5, the purport of the whole pleadings

2. Determination on the main defense, etc.

A. On October 30, 2015, inasmuch as the Defendant alleged by the parties concerned filed an application for immunity with the Daegu District Court 2014No. 2035 and the said immunity became final and conclusive upon receipt of the decision to grant immunity, the Defendant’s liability for the instant claim for indemnity amount.