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. 1) On June 19, 2008, the Plaintiff and the Defendant concluded a guarantee insurance contract. On June 19, 2008, the Plaintiff and the Defendant are land of 679-1 forest land and 6783m2 (hereinafter “instant land”).

(3) In order to deposit the deposit for restoration expenses due to conversion of a mountainous district as a guaranty insurance policy in obtaining permission for conversion of a mountainous district, the authorization and permission guarantee insurance contract under the terms “the policyholder, the insured, the insurance amount of 29,960,000 won, and the insurance period from May 30, 2008 to November 29, 2010” (hereinafter “instant guarantee insurance contract”).

The Plaintiff and the Defendant concluded the instant guarantee insurance contract. After that, from May 30, 2008 to June 30, 2014, the insurance period of the instant guarantee insurance contract was changed to KRW 38,327,000, respectively. 2) Co-Defendant Hyba Co., Ltd. in the first instance trial (hereinafter “Hyba”) jointly and severally guaranteed the Defendant’s liability for indemnity to be borne by the Plaintiff under the instant guarantee insurance contract.

3) According to the instant guarantee insurance contract, where the Plaintiff pays the insurance proceeds due to the occurrence of an insurance accident, the Defendant shall pay the Plaintiff the insurance proceeds and the interest thereon, plus delay interest rate determined by the Plaintiff within the maximum of the overdue interest rate under the Banking Act from the day following the date of payment of the insurance proceeds to the day of full payment. The interest rate on delay determined by the Plaintiff is 6% per annum from May 10, 2014 to May 19, 2014, and 15% per annum from the next day to the day of full payment. (b) The Plaintiff’s subrogation market notified the Defendant of the plan for recovery following the cancellation of the approval of the project plan on the instant land.

However, the defendant did not comply with the order for submission.

2) On April 8, 2014, the Ansan market demanded the Plaintiff to pay the recovery cost under the instant guarantee insurance contract. 3) On May 9, 2014, the Plaintiff filed a guarantee insurance contract of this case with the Plaintiff.