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1. The part against the defendant in the judgment of the first instance shall be revoked;
2.(a)
Attached Table 1 between the defendant and A.
Reasons
1. The following facts are acknowledged either as a dispute between the parties or as a whole by taking account of the respective descriptions and arguments of evidence Nos. 4, 5, 6, 7, 8, 12-1, 14, 15, 16-1, 2, 3, 21, and 22.
A. (1) A Co., Ltd. (hereinafter “A”) concluded a guarantee insurance contract for performance guarantee (hereinafter “instant contract”) with the Plaintiff on June 4, 2013, in order to secure the obligation to return the leased object under the temporary re-lease agreement (lease file lease and transport) between the Plaintiff and the company, with a view to guaranteeing the obligation to return the leased object. The period of the insurance contract for performance guarantee (hereinafter “instant contract”) was from June 3, 2013 to September 2, 2013.
(2) According to the instant contract, where A did not perform his/her obligation or obligation to pay ethyl (hereinafter “insurance accident”) and the Plaintiff paid the insurance proceeds subrogated by the Plaintiff, A shall immediately compensate for the insurance proceeds, and if so, A shall pay the delayed interest rate on loans by financial institutions under the Banking Act from the following day to the date of the payment of the insurance proceeds to the date of full payment (6% per annum from the date following the payment date to the date of full payment, 9% per annum from the 30th day after the 90th day after the date of the payment, and 15% per annum from the 90th day after the 90th day after the date of the payment). In the event of the occurrence of the instant insurance accident, A agreed to pay the Plaintiff a prior indemnity liability for the amount guaranteed by the Plaintiff, even if there was no prior notice or peremptory notice from the Plaintiff.
(3) B, the representative director of A, was jointly and severally and severally guaranteed the liability for reimbursement against the Plaintiff under the instant contract.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) A shall be 150 tons of the sheet file leased from ethyl according to the instant contract, and shall be at the end of June 2013.