A. On February 14, 2012, the Plaintiff entered into a guarantee insurance contract (payment) with the Defendant with the following content (hereinafter “instant guarantee insurance contract”).

B. At the time of the conclusion of the instant guarantee insurance contract, the Plaintiff and the Defendant agreed to pay the insurance money paid by the Plaintiff to the insured when the Plaintiff pays the insurance money to the insured due to the Defendant’s failure to perform the contract with the insured.

C. However, as the Defendant did not perform the contract with the insured, the Plaintiff paid KRW 33,916,137 of the insurance money under the instant guarantee insurance contract to Samsung Life Insurance Co., Ltd., the insured on June 26, 2014.

As of September 24, 2014, the amount of the Plaintiff’s claim under the instant guarantee insurance contract as of September 24, 2014 is KRW 33,916,137, and KRW 669,029,029 for the fixed damages for delay.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the above principal amounting to KRW 34,585,166 and the principal amounting to KRW 33,916,137 from September 25, 2014, which is the date of delivery of a copy of the complaint of this case from September 25, 2014, which is clear that it is the date of delivery of a copy of the complaint of this case from September 25, 2014, the agreed interest rate of KRW 15%, and the delay damages calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion,

B. The Defendant asserts that (i) the Defendant cannot respond to the Plaintiff’s claim because the individual rehabilitation procedure is in progress under Busan District Court Decision 2014Da31104.

Shebly, the individual rehabilitation procedure commences even if it begins.