1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 53,350,000 and the period from May 24, 2017 to June 22, 2017.

1. Basic facts

A. On February 3, 2015, Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded a guarantee insurance contract with the “C contract” (hereinafter “Nonindicted Company”) to ensure the payment of the deposit for the performance of the contract, between the Plaintiff and the insured and Nonparty Company (hereinafter “Nonindicted Company”) from January 26, 2015 to October 30, 2016, with a view to ensuring the payment of the deposit for the performance of the contract.

At this time, Defendant B guaranteed the Defendant Company’s indemnity liability against the Plaintiff.

B. On November 30, 2015, the non-party company terminated the “C contract” concluded with the Defendant Company on the ground of the waiver of the contract by the Defendant Company, and demanded the Plaintiff to pay the insurance proceeds therefrom. On May 23, 2017, the Plaintiff paid KRW 53,350,000 to the non-party company with the insurance proceeds under the instant guarantee insurance contract.

C. At the time of the instant guarantee insurance agreement, when the Plaintiff pays the insurance proceeds due to the occurrence of an insured incident, the Defendant Company agreed to pay the Plaintiff the insurance proceeds and damages for delay in accordance with the interest rate applicable to delay damages publicly notified by the Plaintiff from the day following the date of payment to the date of full payment. The interest rate determined by the Plaintiff is 6% per annum from January 1, 2016 to 30 days from the date following the payment of the insurance proceeds, 9% per annum from the following day to the date of full payment, and 12% per annum from the next day

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, Defendant Company as a principal debtor, and Defendant B as a joint and several surety, jointly and severally against the Plaintiff, 53,350,000 won, and 6% per annum from May 24, 2017 to June 22, 2017, which is the day following the day of the payment of insurance proceeds, and 9% per annum, which is the agreed delay interest rate until September 7, 2017, which is 9% per annum from the day after the day of the last delivery of the complaint of this case.