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. Determination on the cause of the claim

A. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) the purport of Gap evidence Nos. 1 to 3 and the entire pleadings.

(1) On February 12, 2013, the Plaintiff entered into a guarantee insurance contract with the Defendant that guarantees the repayment of KRW 50,000,000 of the living loan obligations that the Defendant borrowed from the community credit cooperatives (credit) during the period from February 15, 2013 to January 22, 2018.

At the time of the above insurance contract, the defendant agreed to pay the insurance proceeds to the plaintiff immediately if the insurance proceeds are paid due to the failure to perform the above loan contract with the insured community credit cooperatives, which are the principal contract, and to pay damages for delay in addition to the interest rate determined by the plaintiff

(2) On January 28, 2014, the Plaintiff paid KRW 42,540,936 of the insurance money to the community credit cooperatives under the said insurance contract.

(3) As of March 27, 2015, the details of the Plaintiff’s claim for reimbursement against the Defendant (hereinafter “instant claim for reimbursement”) are as follows.

B. According to the above facts of determination, the Defendant: (a) as of April 28, 2014, calculated the Plaintiff at the rate of 6% per annum from January 29, 2014 to February 27, 2014; (b) KRW 209,790 (hereinafter the same shall apply) calculated at the rate of 6% per annum from January 29, 2014 to February 27, 2014.

() From February 28, 2014 to April 28, 2014, damages for delay calculated at the rate of 9% per annum, 629,372 won per annum, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum as to KRW 43,380,090, and the principal amount of KRW 42,540,936 from April 29, 2014 to April 23, 2015, which is the delivery date of the original copy of the instant payment order, and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

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