1. The Plaintiff:

A. Defendant A unlimited partnership, B, C unlimited partnership, and D jointly and severally KRW 50,443,835 and KRW 50,000 among them.

1. Basic facts

A. On June 27, 2013, Defendant A Unlimited Partnership (hereinafter “Defendant A”) concluded a security number I, the insured soft beverage company, the insurance coverage amount of KRW 50,000,00, and the insurance coverage period from June 14, 2013 to June 13, 2014 (hereinafter “instant performance guarantee contract”) with the Plaintiff as a special engineer (hereinafter “instant performance guarantee contract”) in order to secure the payment of goods on credit arising from a goods supply contract to the company with Livelive drinks. The term “any debt incurred by the former Securities J and any debt that arrives within 90 days from the day following the expiration of the insurance period shall be guaranteed within the insurance coverage amount of the securities, and the insurance liability of the former securities shall be extinguished.”

B. The instant performance guarantee contract was concluded by means of an electronic contract through digital signature. On the same day, the said Defendants’ joint and several surety agreement with the purport of guaranteeing the Defendant A’s obligation pursuant to the said performance guarantee contract with respect to the Plaintiff through digital signature using the Defendant B, C Partnership (hereinafter “Defendant C”), and D’s authorized certificate was prepared. The said Defendants’ joint and several surety agreement with the content of guaranteeing the Plaintiff’s obligation pursuant to the said performance guarantee contract within the limit of KRW 58,00,000, with respect to the amount of the Defendant A’s obligation pursuant to the said performance guarantee contract via digital signature using the Defendant E, F, G, and H’s authorized certificate.

C. Upon the occurrence of an insured event that Defendant A did not pay the price of goods, the Cultureing Liber beverage Co., Ltd. claimed the Plaintiff to pay the insurance proceeds on August 28, 2014. On September 18, 2014, the Plaintiff paid KRW 50,000,000 insurance proceeds to the Cultureing Liber beverage Co., Ltd..

According to the instant performance guarantee contract, where the Plaintiff pays insurance proceeds, the policyholder shall reimburse the insurance proceeds, but the overdue interest rate determined by the Plaintiff from the day following the day of payment of insurance proceeds to the day of full payment.