The costs of appeal, including the part arising from the defendant's participation, shall be the plaintiff's participation.

1. As to the ground of appeal No. 1, a guarantee insurance contract is a non-life insurance contract, the guarantee insurance of which is to take over by the insurer the compensation of the damage to be suffered by the insured (creditors in the main contract) due to the nonperformance of obligation by the insured and the policyholder (debtors in the main contract) with a specific legal relationship. Since the insurance contract which covers the debtor's default as an insured event or in substance aims at the same effect as the guarantee contract with the nature of the guarantee, the guarantee insurance contract aims at the same effect as the guarantee contract. Thus, the guarantee insurance contract is to compensate for the damage suffered by the insured by the failure to perform

What is the main contract which is the premise of a guaranteed insurance contract should be determined by taking into account all the circumstances such as the insurance contract and the contents of the insurance contract in which the parties concerned are the content of the insurance contract, and the details and process of the contract.

(See Supreme Court Decisions 89Meu25912 Decided May 8, 1990; 2012Da67559 Decided September 4, 2014, etc.). The lower court determined that the Defendant only guaranteed the performance bond for the construction of the instant building (the duty to complete the construction of the instant building) through the performance guarantee contract concluded on August 24, 2009 with the Intervenor joining the Defendant and the performance guarantee contract concluded on September 8, 201, and the performance guarantee change contract concluded on September 8, 2011.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above fact-finding and judgment of the court below are justifiable, and contrary to what is alleged in the grounds of appeal, the legal principles on the guaranteed insurance contract, its scope of guarantee, and burden of