A. On January 17, 2014, the Plaintiff entered into an installment financing contract (hereinafter “instant installment financing contract”) with Atetego 1229 (hereinafter “Atego 1229”) with the Plaintiff, setting the amount of KRW 95,350,00, annual interest rate of KRW 8.63% per annum, interest rate of KRW 24% per annum, interest rate of KRW 36 months per annum, and the installment period of KRW 36 months. The Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff.

B. A non-party company has lost the interest of the due date by delaying the repayment of the principal and interest of the installment two times or more, and did not pay the total of KRW 39,094,640, including the unpaid principal and interest KRW 38,044,976 as of May 3, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant, as a joint and several surety of the non-party company, is obligated to pay the Plaintiff the total amount of the accrued interest of KRW 39,094,640 and the principal amount of KRW 38,04,976 among them, delay damages calculated at the rate of 24% per annum, which is the delayed interest rate, from May 4, 2016 to the date of full payment, from May 4, 201

B. (1) On the grounds of the Defendant’s argument, the Defendant asserted that: (a) according to the rehabilitation plan approved on May 19, 2015 and the rehabilitation plan amended on January 26, 2016, KRW 6,637,967, out of the Plaintiff’s rehabilitation claims against the Nonparty Company, the Defendant’s joint and several liability obligations also became extinct depending on the indemnity of the Defendant’s claim by mutual agreement that the Plaintiff’s principal obligation against the Plaintiff was extinguished or extinguished by the conversion of the remainder into equity with the issuance of new shares.

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4 and 8 through 11, the Plaintiff’s installment financing contract of the non-party company at the Seoul Central District Court 2014 Ma144 rehabilitation case.