Upon entering into each of the instant guarantee insurance contracts, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Defendant Company A (hereinafter “Defendant Company”). On August 21, 2015, the Plaintiff entered into a contract with the Small and Medium Enterprise Distribution Distribution Center (hereinafter “Small and Medium Enterprise Distribution Center”), the insurance amount of KRW 250,000,000, and the performance guarantee insurance (payment) from August 20, 2015 to August 19, 2016 (hereinafter “instant guarantee insurance contract”). ② On January 28, 2016, the Plaintiff entered into a contract with the insured STX (hereinafter “SX”), the insured STX (hereinafter “SX”), the insurance amount of KRW 399,99,000, and the insurance period from January 27, 2016 to February 29, 2016 (hereinafter “instant guarantee insurance contract”).

(2) At the time of each guarantee insurance contract of this case, Defendant B and C respectively jointly and severally guaranteed all the obligations, such as indemnity payment, to be borne by the Defendant Company against the Plaintiff based on each guarantee insurance contract of this case.

On April 6, 2016, STX, such as the occurrence of insurance accidents and the Plaintiff’s subrogation, filed a claim with the Plaintiff for insurance proceeds due to nonperformance of obligations (of February 29, 2016, the date of the occurrence of the insurance accident) by the Defendant Company under the instant guarantee insurance contract, and the Plaintiff paid the insurance proceeds of KRW 397,767,200 on April 25, 2016.

On September 13, 2016, the small and medium enterprise distribution center filed a claim with the Plaintiff for insurance proceeds on the grounds of the Defendant’s nonperformance of obligations (the date of the occurrence of the insurance accident) under the instant first guarantee insurance contract, and the Plaintiff paid KRW 101,15,306 insurance proceeds to the small and medium enterprise distribution center on September 30, 2016, following the examination of compensation.

In the event that the defendant company did not perform the obligation guaranteed by the plaintiff under each guarantee insurance contract of this case and the plaintiff paid the insurance money to the insured, the defendant company and the guarantor must immediately be the plaintiff.