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. The Plaintiff entered into a credit guarantee contract with the Defendant (hereinafter “instant credit guarantee contract”) with the following content.

B

B. According to the credit guarantee contract of this case, where the plaintiff subrogated for a loan of the defendant under the credit guarantee contract of this case, the defendant agreed to pay to the plaintiff the amount of the performance of the guaranteed obligation, ② the damages for delay calculated at the interest rate set by the plaintiff from the date of subrogation to the date of repayment, ③ the expenses incurred in the performance of the guaranteed obligation, ④ the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation

C. The Defendant, upon receiving a credit guarantee certificate from the Plaintiff, lost the benefit of time due to the Plaintiff’s failure to repay the loan. The Plaintiff subrogated for KRW 9,938,274 on July 18, 201 under the credit guarantee contract of this case to our bank.

The Plaintiff recovered KRW 162,240 out of the amount subrogated by the Defendant, and KRW 59,39,396 of the final delay damages for the amount recovered, which resulted in the Plaintiff’s reimbursement of KRW 9,835,430 (=9,938,274-162,240).

E. Meanwhile, the rate of damages for delay determined by the Plaintiff for subrogation is 14% per annum from the date of subrogation until May 31, 2015, and 12% per annum from the following day to the date of subrogation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant’s payment of KRW 9,835,430 and the amount of subrogated payment of KRW 9,776,034, which is the date of subrogation, shall be KRW 14% per annum, which is the rate of delayed damages, from July 18, 2011 to May 31, 2015, and from the following day to May 30, 2016, which is clearly recorded as the date of delivery of the original copy of the instant payment order.