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. On April 30, 2012, the Plaintiff entered into a performance guarantee insurance contract with the Defendant that guarantees the payment of the Defendant’s AJene car rent and the payment of the penalty for breach of contract, setting the insurance coverage amount as KRW 7,000,00,00 from May 4, 2012 to May 3, 2015, and between the Defendant and the Defendant, and the Co-Defendant B and C of the first instance trial as at the time, jointly and severally guaranteed the Defendant’s liability for indemnity under the performance guarantee insurance contract as above.

B. AJene her claim for insurance money under the above performance guarantee insurance contract against the Plaintiff when the Defendant delayed the payment of rent, and on November 15, 2013, the Plaintiff paid KRW 7,000,000 to the AJene her.

C. At the time of the above performance guarantee insurance contract, the Defendant agreed to pay damages for delay in accordance with the interest rate determined by the Plaintiff from the day following the payment date of insurance proceeds to the day of full payment. The damages for delay from the day following the payment date of insurance proceeds under the interest rate determined by the Plaintiff (6% per annum for 30 days from the day following the payment date of insurance proceeds, 9% per annum from the next day, and 15% per annum thereafter) is KRW 138,081.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 7,00,000 and the amount of KRW 138,081 on behalf of the plaintiff as a result of the performance of the liability for reimbursement under the above performance guarantee insurance contract and the amount of KRW 7,138,081 on the total of KRW 138,081 and the amount of KRW 7,000,000 from February 14, 2014, which is the day following the day of calculating damages for delay, to the day of full payment.

B. The defendant's judgment on the defendant's assertion shall be a performance guarantee insurance without the defendant's actual representative director D's consent.