1. The Defendant’s Plaintiff is based on Seoul Central District Court Decision 2014Kadan182801 Decided February 3, 2016.

1. Facts of recognition;

A. On July 27, 2011, the Defendant entered into a sound record and content distribution contract with C Co., Ltd. (hereinafter “Nonindicted Company”) and paid advance payment, etc. to the Nonparty Company, and the Plaintiff jointly and severally guaranteed the obligation to return the advance payment, etc. to the Defendant of the Nonparty Company.

B. On February 3, 2016, the Defendant filed a lawsuit claiming the return of advance payment against the non-party company and the Plaintiff as the principal debtor, and the Plaintiff, a joint guarantor, jointly and severally, as the non-party company and the Plaintiff, a joint guarantor, were partly winning the judgment (hereinafter “instant judgment”) and the judgment became final and conclusive.

C. After the judgment of this case became final and conclusive, the non-party company, a primary debtor, entered into a debt repayment agreement (hereinafter “instant agreement”) with the Defendant and the non-party company (hereinafter “the instant agreement”), which stipulates that the principal amounting to KRW 74,659,889, and KRW 3,300,000 of the litigation costs shall be repaid in installments from March 22, 2016 to October 25 of the same year, and that the Defendant and the non-party company fulfilled all obligations for repayment (hereinafter “instant agreement”).

(A) Although the above agreement states that “the remaining debt may be continuously claimed against the Plaintiff, the guarantor, even after the repayment of the debt of the company outside the country,” the above agreement cannot extinguish the subsidiary nature of the guarantor’s guaranteed debt of the non-party company and the defendant. Therefore, the above agreement has no effect against the Plaintiff).

After that, the non-party company repaid the full amount of the obligation under the instant agreement to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

A. 1) Determination on the cause of a claim is based on the nature of the guaranteed obligation to be reduced to the extent of the principal obligation, and the surety may set up against the obligee as a defense of the principal obligor (Article 430, Article 433 of the Civil Act). According to the above facts of recognition, the instant agreement constitutes an agreement on partial exemption and installment payment between the non-party company and the principal obligor.