A. On January 25, 2005, the Plaintiff entered into a goods supply contract with B Co., Ltd. (hereinafter “Nonindicted Company”) and supplied various construction materials, such as lecture pipes, pipes, and cable pipes from around that time to May 2007. The Defendant jointly and severally guaranteed the obligation to pay the above goods, and the Nonparty Company did not pay KRW 414,612,327 out of the price of the said goods.

B. Accordingly, the Plaintiff filed an application with the Defendant and the non-party company for a payment order claiming the payment of the unpaid amount of KRW 414,612,327 and damages for delay pursuant to the agreed rate of 25% per annum on the unpaid amount of goods, and the payment order (hereinafter “instant payment order”) was issued as of July 30, 207 as of July 30, 2007. The original copy of the above payment order was served on the Defendant on August 8, 2007, and became final and conclusive as of August 23, 2007.

C. Since then, the Plaintiff recovered total of KRW 49,299,845 from the property of the Defendant and Nonparty Company as indicated below and appropriated it for the repayment of the original out of the claims under the instant payment order.

On October 4, 2007, 200, 600,000 on June 9, 2008, 2000 the proceeds from the sale of the corporeal movables owned by the Defendant on November 2, 2007, 49,29,845 / [Grounds for Recognition] Nos. 1 and 2, and 1 and 2, and the purport of the whole pleadings.

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the remainder of 365,312,482 won (=414,612,327 won - 49,299,845 won) remaining after the payment of part of the final claim amount in accordance with the payment order in this case, and the damages for delay calculated at the rate of 25% per annum from August 9, 2007 to the date of full payment, which is the following day after the original copy of the payment order in this case was served on the defendant. The completion of the extinctive prescription after the decision of the payment order in this case becomes final and conclusive.