A. (1) On June 8, 2012, the Plaintiff entered into a guarantee insurance contract (a) with the insured treatment industry development company (hereinafter “Treatment Industry development”), the insurance period from May 18, 2012 to September 30, 2012, with the amount of insurance coverage KRW 76,487,91 (hereinafter “instant guarantee insurance contract”) under which the Plaintiff guarantees B’s performance of the contract for construction works between B and the Treatment Industry development (hereinafter “instant guarantee insurance contract”).

According to the instant guarantee insurance contract, if the Plaintiff pays the insurance money, B shall pay the insurance money and the damages for delay in addition to the interest rate determined by the Plaintiff from the day following the payment of the insurance money.

(The interest rate applied by the Plaintiff is 6% per annum from the day following the date of payment of insurance money to 30 days, 9% per annum from the next day to 60 days, and 15% per annum from the next day to the day of full payment). (2) Electronic documents prepared by the Defendant’s electronic signature method using the Defendant’s authorized certificate to guarantee the Defendant’s debt B under the guarantee insurance contract.

B. The occurrence of insurance accidents and the payment of insurance proceeds did not comply with the construction contract, and the Plaintiff paid KRW 64,107,197 to the treatment industry development on June 8, 2015 upon the request for the development of the treatment industry.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that he jointly and severally guaranteed the obligation that B bears to the Plaintiff according to the instant guarantee insurance contract by means of digital signature based on the authorized certificate.

It is not so.

Even if C, the representative of B, was delegated with legitimate title by the Defendant, and joint and several liability was provided by C under the name of the Defendant. Even if C does not have legitimate title, C’s act constitutes Article 126 of the Civil Act.

B. The Defendant’s payment for the completion of construction works is that of the Defendant C.