1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

1. Facts of recognition;

A. On June 16, 1998, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “the instant guarantee agreement”) with the Defendant and the Defendant with respect to a housing finance loan from the leisure point of a housing bank (which is mutually changed to a national bank thereafter), setting the guarantee amount of KRW 4,700,000, and the guarantee period of KRW 15 and 15 months from June 16, 1998.

At the time, the Plaintiff and the Defendant agreed to pay the Plaintiff the amount of subrogation and the damages for delay in accordance with the interest rate determined by the Plaintiff when the Plaintiff performed the guaranteed obligation to the said bank due to the repayment delay of the Defendant’s loan and the loss of the due date.

B. On June 16, 1998, the Defendant borrowed KRW 4,700,000 from the above bank under the Plaintiff’s credit guarantee.

Since then, the defendant has lost the benefit of time by delaying the repayment of the above loan.

C. On October 5, 200, the Plaintiff paid KRW 6,512,998 (hereinafter “instant subrogated payment”) as a security deposit under the instant guarantee agreement to the said bank.

At the time, the interest rate for delay determined by the Plaintiff was 20% per annum, and the guarantee fee, etc. unpaid by the Defendant to the Plaintiff was 45,890 won (i.e., an attempted guarantee fee of KRW 1,920). The determined amount of loss incurred on the date of subrogation was 3,568 won (=6,512,98 won x 0.2 x 365 days).

After the subrogation, the Plaintiff recovered KRW 1,382,589 from the Defendant, and thereafter the rate of interest for delay determined by the Plaintiff is 20% per annum from October 6, 2000 to July 1, 2004, 15% per annum from July 2, 2004 to November 30, 2012, and 12% per annum from December 1, 2012 to August 31, 2015, and 8% per annum from September 1, 2015.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the defendant, as a recourse amount under the contract of this case, barring special circumstances, shall be the plaintiff 5,179,867 won = 6,512,98 won-1,33.