A. On July 18, 2018, the Plaintiff entered into a guarantee agreement for individual transaction (hereinafter “instant guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on July 17, 2019 when obtaining loans from the Industrial Bank of Korea; and on the same day, issued a guarantee certificate to the president of the Dong-dong Branch Office of the Industrial Bank of Korea on the same day; on the other hand, the term of guarantee does not expire after the expiration of the term of guarantee; the term of guarantee stated that the principal obligation is repaid in cases of individual guarantors; and that the principal obligation is settled in cases of collateral guarantors.

B. On July 19, 2018, Defendant Company obtained a loan of KRW 100 million from the Industrial Bank of Korea using a guarantee certificate as seen earlier, and the term of the loan was set on July 17, 2019.

C. At the time of the instant guarantee agreement, the Defendants, who were joint representative directors of the Defendant Company, entered into a responsible management performance agreement with the Plaintiff relating to the said guarantee agreement (hereinafter “instant liability management agreement”). The main contents are as set forth in the separate liability management agreement.

However, on January 7, 2019, Defendant B and C resigned from office as joint representative director and internal director of the Defendant Company, and notified the Plaintiff and did not obtain the Plaintiff’s consent.

E. The Defendant Company failed to pay KRW 100 million to the above loan principal by July 17, 2019, which was due date for the loan as seen earlier, and the Industrial Bank of Korea notified the Plaintiff on July 18, 2019 that the principal of the loan was overdue. The Plaintiff notified the Industrial Bank of Korea of the occurrence of a guarantee accident where the principal of the loan was overdue. Accordingly, on November 8, 2019, the Plaintiff (principal KRW 71,757,973, interest KRW 284,185).