1. Defendant A and B, jointly and severally, jointly and severally, shall be KRW 9,332,40,00 for the Plaintiff and its related amount from April 8, 2015 to October 8, 2015.

Basic Facts

The Plaintiff’s claim 1 against Defendant A (hereinafter “Defendant Company”) and B) on or around December 1, 2013, the Plaintiff is the Defendant Company and D, a foundation of the Defendant Company (hereinafter “Nonindicted Corporation”) (hereinafter “Nonindicted Corporation”).

(3) As to the obligation to pay rent, etc. under the contract for occupancy of a business incubator with respect to the business incubator, the insured non-party corporation and the insurance period shall be from December 1, 2013 to October 23, 2016, and the insurance amount shall be KRW 9,332,400 (hereinafter “instant performance guarantee insurance contract”).

A) The Defendant B, the representative director of the Defendant Company, guaranteed the Defendant Company’s obligation to the Plaintiff under the instant performance guarantee insurance contract. (2) According to the instant performance guarantee insurance contract, if the Plaintiff pays the insurance money to the insured, the Defendant Company should pay the Plaintiff the insurance money and the damages for delay calculated by the overdue interest rate as determined by the Plaintiff from the day after the date of the payment of the insurance money, and the said overdue interest rate determined by the Plaintiff is 6% per annum.

3) Around October 28, 2014, the non-party corporation notified the Defendant Company that the rent and management expenses to be paid by the Defendant Company were overdue for at least three months, and that the unpaid amount reached KRW 8,149,81, and notified that the contract for occupancy with the Defendant Company was terminated as of November 10, 2014. (4) After the date of March 6, 2015, the non-party corporation claimed insurance proceeds of KRW 9,332,400 based on the instant performance guarantee insurance contract on the ground that the Defendant Company did not perform its obligation to pay rent and restore to its original state against the non-party corporation.

Accordingly, on April 7, 2015, the Plaintiff paid the above KRW 9,332,40 to the non-party corporation.

Defendant B’s disposal of the instant real estate entered into a sales contract with Defendant C on January 21, 2015, to sell the instant real estate at KRW 60 million with Defendant C (hereinafter “instant sales contract”), and that is, to Defendant C on January 28, 2015.