A. On September 24, 2014, the Defendant entered into a franchise insurance agreement with B Co., Ltd. (hereinafter “Nonindicted Company”) on the first floor D stores (hereinafter “instant convenience store”) of the building located in C in Jeju (hereinafter “instant franchise agreement”) and entered into between the Plaintiff and the insured as the Nonparty Company, and the insured as the purchase price of the insurance amount of KRW 97 million (hereinafter “instant guarantee insurance agreement”).

B. According to the instant guarantee insurance agreement, “When the Plaintiff paid insurance money to the insured by failure to perform the Defendant’s obligation or obligation guaranteed by the Plaintiff (hereinafter “the insured incident”), the Defendant shall immediately pay the insurance money to the insured, but if delayed, the damages for delay shall be paid in addition to the damages for delay to the payment insurance money. The above damages for delay shall be calculated by calculating the payment insurance money as one year and 365 days from the day following the day of payment of the insurance money to the day of full payment, by the applicable interest rate of the Plaintiff (Article 3(1) and (2)).”

C. On March 18, 2016, the non-party company notified the Defendant of the fact that “the instant franchise agreement is terminated on March 22, 2016 due to the risk of an increase in the amount of unaccompanied (16,745,690 won as of March 18) and the unpaid rent for the building,” and the written notification reached the Defendant around that time.

According to the termination of the instant franchise agreement, the non-party company filed a claim for damages arising from the cancellation of the instant franchise agreement with the Plaintiff under the premise that the amount of unpaid payment, facility penalty, penalty, special incentive collection, and closure fees, the liquidation amount after deducting the deposit, was KRW 97,020,328, and the Plaintiff paid KRW 90,000 to the non-party company as the insurance money on May 17, 2016.

E. Article 3 of the Guarantee Insurance Agreement