A. On December 28, 2006, the Plaintiff concluded a contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”), from December 28, 2006 to December 27, 2009, with a limit of 3,312,560,00 won for guarantee, and with a limit of 169,670,00 won for basic loan, where the Defendant Co., Ltd is required to pay a bid bond, contract bond, warranty bond, etc. to the ordering person or Si construction work after receiving a subcontract for construction works, the Plaintiff guaranteed it within the limit of each guarantee limit, and the Plaintiff shall compensate the damages incurred to the guarantee creditor such as the ordering person if the guarantee accident occurred, and the Defendant Co., Ltd shall compensate the Plaintiff for the damages incurred to the guarantee creditor, and the Defendant Co., Ltd concluded a contract with the Plaintiff for guarantee loan transaction (hereinafter “instant guarantee loan agreement”). Defendant B guaranteed all the Defendant Co., Ltd.’s obligation to the Plaintiff with respect to the instant guarantee loan agreement.

B. On December 28, 2007, pursuant to the instant guarantee loan agreement, the Plaintiff issued a contract guarantee certificate, which is from December 10, 2007 to May 31, 2009, with respect to one section of the pelvis construction project, among the Ulsan apartment construction project concluded between the Defendant Company and the Gyeongnam Company, to the guarantee creditor company, the amount guaranteed, the amount guaranteed, the amount guaranteed, the amount guaranteed, and the guarantee period, from December 10, 2007 to May 31, 2009.

C. On January 15, 2009, Gyeongnam Company claimed a contract deposit against the Plaintiff on the ground that the Defendant Company did not perform the subcontract. On February 26, 2010, the Plaintiff paid a contract deposit of KRW 440,000,000 to Gyeongnam Company and recovered KRW 37,40,296 on the same day.

Therefore, the Defendants jointly and severally paid to the Plaintiff KRW 402,59,704 (i.e., KRW 440,000,000 - KRW 37,400,296) and 20% per annum under the Commercial Act from February 26, 2010 to the delivery date of a copy of the complaint of this case from February 26, 2010, and 6% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.