A. On May 22, 2017, the Defendant entered into a petroleum product supply contract with the Zteex Co., Ltd. (hereinafter “Zteex”) as the business owner of the “B gas station” located in Daegu-gun District (hereinafter “instant gas station”).

B. On May 23, 2017, the Defendant concluded a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) between the Plaintiff and the insured from May 24, 2017 to May 23, 2018, with a view to guaranteeing the payment of the credit price for the credit goods.

C. The instant performance guarantee insurance contract was prepared in the form of an electronic document after a digital signature using an authorized certificate under the Defendant’s name was affixed on the Plaintiff’s Internet homepage.

In addition, according to the instant performance guarantee insurance contract, when the Plaintiff paid the insurance proceeds to the insured due to the occurrence of the insurance accident, the Defendant, the policyholder, shall immediately pay the insurance proceeds to the Plaintiff, but if delayed, the damages for delay calculated by adding the interest rate applied to the damages for delay publicly notified by the Plaintiff from the day following the payment date of the insurance proceeds to the day of full payment (6

E. On October 13, 2017, the Plaintiff received a claim for insurance money due to outstanding payment of the Defendant’s credit goods payment from ZEex, and paid KRW 36,943,977 on October 24, 2017 to ZEEX, and KRW 967,448 on October 25, 2017, respectively. < Amended by Act No. 15003, Oct. 25, 2017>

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant is above in relation to the plaintiff pursuant to the performance guarantee insurance contract of this case and the total of KRW 37,911,425 (= KRW 36,943,977,967,448), and KRW 36,943,977 among them.