The Defendant A (hereinafter “Defendant A”) entered into an indemnity insurance contract and a mobile subsidiary contract (hereinafter “instant main contract”) with EL Plus Co., Ltd. (hereinafter “EL Plus”) in order to guarantee the payment of damages and the price of credit goods under the instant main contract (hereinafter “instant main contract”). On January 1, 2016, the Defendant A entered into an insurance contract with the Plaintiff for guaranteeing the payment of damages and the price of credit goods under the instant main contract (hereinafter “instant guarantee insurance contract”). From January 1, 2016, the insured amount is KRW 250 million, the insurance amount is KRW 200 million, the insurance period is from January 1, 2016 to December 31, 2016; the Defendant A’s performance guarantee insurance contract with the damage liability and the amount of credit goods payment under the instant main contract (hereinafter “instant guarantee insurance contract”).

On the same day, Defendant B and C guaranteed the obligation under the instant guarantee insurance contract by Defendant A.

According to the instant guarantee insurance contract, where the Plaintiff paid insurance money, the interest rate on delay is calculated at the rate determined by the Plaintiff within the scope of the interest rate at a financial institution under the Banking Act. The interest rate at the rate for delay determined by the Plaintiff is 6% per annum for 30 days from the date following the date when the Plaintiff paid the insurance money to the insured, 9% per annum for 90 days

Defendant A breached his obligation under the instant state contract, and on December 14, 2016, the Plaintiff paid KRW 109,496,147 of the insurance money under the instant guarantee insurance contract to ELS.

As of March 23, 2017, the principal and interest on subrogation is KRW 84,234,250 (= Principal KRW 81,759,467).

【The Plaintiff and Defendant A, B: without dispute, each entry of Gap’s evidence Nos. 1 through 4 (including partial number of evidence), the purport of the entire pleadings, and the judgment of the court below as to the cause of claim for confessions (Article 150 of the Civil Procedure Act)