A. The facts of recognition 1) Defendant D’s credit guarantee agreement with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “the instant credit guarantee agreement”) providing that “the insured Si, the guaranteed amount, the guaranteed amount of 1,686,240,000 won, and the guarantee period from April 25, 2007 to May 31, 2012,” in order to guarantee recovery from the collection of earth and stone upon obtaining a quarrying permission from the Gunsan City.

(2) Upon Defendant D’s request, Plaintiff C jointly and severally guaranteed the obligation of indemnity under the credit guarantee agreement of this case. (3) Defendant D did not perform the duty of recovery; (4) Seoul Guarantee Insurance paid KRW 1,686,240,00 to the Kun’s claim on April 17, 2013, but the amount of KRW 754,881,247 was recovered from Defendant D and returned KRW 621,29,000 to the Kun on April 15, 2014 and returned KRW 310,059,753 (1,686,240,000-754,81,247-621,29,000).

[Reasons for Recognition] The entry of Evidence Nos. 1 and 4, and the purport of the whole pleadings

B. According to the above facts, barring any special circumstance, Defendant D is obligated to pay the Plaintiff C with damages for delay as stated in the order for the advance reimbursement of KRW 371,139,730 as well as KRW 310,059,753 of the advance reimbursement of KRW 371,139,730, and among them. 2) As to this, Defendant D asserts that the advance reimbursement of KRW 371,740,000 calculated by deducting the expected recovery expenses from the amount of the advance reimbursement of KRW 1,030,70,705,260 deposited in Gunsan, and the amount of KRW 658,965,260 calculated by deducting the expected recovery expenses from the amount of the advance reimbursement of KRW 371,139,730 as to the Seoul Guarantee Insurance and the amount of the advance reimbursement of KRW 371,139,730 as to the Plaintiff C’s indemnity insurance or on this ground.

However, by paying insurance money at the time of Gunsan, the Seoul Guarantee Insurance Co., Ltd's liability for reimbursement and the Plaintiff's prior claim for reimbursement against the Defendant.