A. The Plaintiff is a company whose purpose is to manufacture and sell various paints, synthetic resin, and waste materials. The Defendant is the representative director of B Co., Ltd. (hereinafter “B”) for painting construction work, construction materials sales business, etc.

B. On July 9, 2014, the Plaintiff supplied paints and related goods to B, and issued a tax invoice by summing up the total amount of goods supplied on the last day of each month, the Plaintiff entered into a contract to supply goods to be paid in cash or bank bills from B by the end of the following month. The supply of goods was suspended from December 2015 because B did not pay the said goods at that time. The amount of goods unpaid on December 31, 2015 was KRW 430,895,270.

C. On March 4, 2016, the Defendant promised to pay KRW 100,00,000,000 until March 8, 2016, and KRW 100,00,00,000 until March 30, 2016, and KRW 130,895,270 until May 30, 2016, while guaranteeing the Plaintiff’s obligation to pay KRW 430,895,270 as the price for goods.

(hereinafter referred to as “the instant guarantee agreement.” On the other hand, the letter of credit repayment plan prepared and issued by the Defendant to the Plaintiff at the time of the instant guarantee agreement stated that “The guarantee will take effect only until May 30, 2016.”

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff’s assertion on March 4, 2016 guaranteed the Plaintiff’s obligation to pay for the amount of KRW 430,895,270 in KRW 430,89,270. On March 31, 2016, the Defendant merely repaid KRW 1,00,000 on March 31, 2016, and KRW 5,00,000 on April 6, 2016, and thus, the Plaintiff is obligated to pay the Plaintiff the amount of the unpaid amount of KRW 424,895,270 (=430,895,270), - KRW 1,00,000 - KRW 5,000,00 on the unpaid amount of the goods, and to pay damages for delay.

3. Determination

A. As of August 3, 2016, the Defendant’s remainder of the Defendant’s guaranteed liability as of August 3, 2016, is without dispute between the parties, and the above facts of recognition are examined.