A. The Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a guarantee insurance contract for authorization and permission (hereinafter “instant guarantee insurance contract”) with the Plaintiff’s Intervenor from May 17, 2010 to May 16, 2015, for the purpose of guaranteeing the payment of deposit for expenses for restoration to the original state in relation to obtaining permission for conversion of the mountainous district for the F and six parcels from May 17, 2010 to May 16, 2014. The insured on May 27, 2010, for the Plaintiff’s Intervenor, the insured amount was KRW 2,544,87,00, and the insurance period was the period calculated by adding 12 months to the conversion period from May 17, 2010 to May 16, 2015. Defendant D assumed joint and several surety’s debt under the said guarantee insurance contract with the Defendant Co., Ltd., Ltd., within the limit of KRW 150,3817,315,505.

B. According to the instant guarantee insurance contract, when the Defendant Company paid insurance money to the insured as the Plaintiff did not perform its obligation to restore to its original state, the Defendant Company paid the insurance money to the Plaintiff, but if delayed, the Defendant Company shall compensate the Plaintiff for the delayed interest rate within the maximum of the overdue interest rate set by the Plaintiff (6% per annum from the date following the payment date of insurance money to the 30th day after the payment date, 9% per annum from the next day to the 60th day, and 12% per annum from the next day).

C. On May 26, 2014, after the period of permission for mountainous district conversion expires, the Plaintiff’s Intervenor ordered the Defendant Company to submit a plan for restoration for the restoration of mountainous district to the mountainous district by June 5, 2014. In a case where the Plaintiff failed to submit the plan for restoration by the aforementioned date or the restoration was not completed within the period of restoration approved by the submission of the plan for restoration, the Plaintiff’s Intervenor was aware that the Defendant Company will make a vicarious execution by claiming restoration expenses according to the guaranty insurance policy.

However, the defendant company shall design the restoration of the mountainous district by the date of submission of the above plan.