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1. The Plaintiff:
A. As to KRW 108,895,213 and KRW 108,647,138 among them, Defendant A shall be from March 12, 2014 to January 13, 2015.
Reasons
1. The following facts of recognition are acknowledged, either in dispute between the Parties or in Gap evidence 1 to 6 (including evidence numbered) by reference to the whole purport of the pleadings:
A. The conclusion of the agency contract of the defendant A and the joint and several sureties 1 of the defendant B) The defendant A is the Korea Lyta Co., Ltd. on February 23, 2004 (hereinafter "Syta company").
2) At the time of the conclusion of the agency contract, Defendant B, the wife of Defendant A, had a joint and several surety for all the obligations that Defendant A would incur due to the transactional relationship with the non-party company in accordance with the above agency contract, with respect to the non-party company.
B. On November 14, 2012, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A (hereinafter “instant credit guarantee agreement”) with the Defendant as set forth in the credit guarantee agreement between the creditor company, the credit guarantee principal 150,000,000, and the credit guarantee period from November 14, 2012 to November 13, 2013 for the purpose of securing the obligation to pay, etc. under the electronic commerce contract concluded by the Defendant A with the Nonparty company (hereinafter “instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, in the event that the Plaintiff performs the guaranteed obligation of Defendant A, Defendant A is to reimburse the Plaintiff, ① the amount subrogated by the Plaintiff and damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of full payment, ② attempted penalty, ③ execution preservation of the Plaintiff’s right of indemnification, exercise of the right of indemnification, and the costs required for the legal procedure therefor.
C. On November 15, 2013, the Plaintiff: (a) expressed his intent to terminate an agency contract on the grounds of an excessive amount of unpaid obligation to Defendant A; and (b) requested the Plaintiff to discharge the guaranteed obligation; and accordingly, (c) accordingly.