A. In obtaining a loan from a national bank or the Industrial Bank of Korea, the Plaintiff concluded a credit guarantee agreement with the non-party company on March 19, 2010 (hereinafter “Guarantee 1”) and a credit guarantee agreement on April 27, 2012 (hereinafter “Guarantee 2”), and issued a credit guarantee certificate to the non-party company. The spouse, a spouse, and C and D, who were in the position of inside director and auditor of the non-party company, jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff under the respective credit guarantee agreement.

B. According to the above credit guarantee agreement, when the non-party company failed to repay the principal and interest of loan to each of the above banks and the plaintiff performed the guaranteed obligation, the non-party company and its joint guarantor shall pay to the plaintiff the amount of the guaranteed obligation and the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, delayed guarantee fee, penalty, etc.

From January 1, 2012, the rate of delay damages determined by the Plaintiff is 12% per annum.

C. However, following the occurrence of a guarantee accident for which the guarantee period of each of the above credit guarantee agreements has expired on March 18, 2013, the Plaintiff paid to a national bank KRW 82,116,334 on June 17, 2013, and KRW 273,336,164 on June 20, 2013 on behalf of the Industrial Bank of Korea according to the second guarantee.

On June 24, 2013, the Plaintiff received reimbursement of KRW 20,000,000 from the non-party company and appropriated it to the principal of the claim for indemnity as to the first guarantee, and the principal of the claim for indemnity based on the first guarantee remains 62,116,34 won (=82,116,334 - 20,000 won).

E. Meanwhile, according to Article 3(3) of the above credit guarantee agreement, the non-party company did not perform the principal obligation within the period of implementation of the principal obligation.