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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1 of the judgment of the court of first instance is applicable.
Reasons
1. The reasoning for the court’s explanation on this part of the underlying facts is that “the contract term: from April 11, 2017 to February 15, 2018,” under the main sentence of Article 420 of the Civil Procedure Act is the same as the corresponding part of the reasoning of the judgment of the first instance, except that “from April 1, 2017 to February 15, 2018: the contract term: from February 15, 2017 to February 15, 2018.”
2. According to the above facts, C does not pay the above goods to the Plaintiff for the lapse of March 31, 2018, which is the date of the main contract of the second guarantee insurance contract of this case, and the payment date is within the insurance period stipulated in the second guarantee insurance contract of this case. Thus, the Defendant is obligated to pay the Plaintiff the insurance money equivalent to the above goods payment amount of KRW 78,978,350, and delay damages therefor pursuant to the second guarantee insurance contract of this case, barring special circumstances.
3. Judgment on the defendant's assertion
A. (1) The Defendant’s assertion (1) The genuine goods supply contract between the Plaintiff and C is a contract on February 22, 2017; the date of goods supply is April 28, 2017; and the date of payment is September 30, 2017; while the main contract subject to the guarantee of the secondary guarantee insurance contract of this case is based on the third contract of this case. The content of the contract is based on the third contract of this case on April 1, 2017; the date of goods supply is the date of the conclusion; the date of goods supply is March 15, 2018; the date of goods supply is March 31, 2018; the said goods supply contract is not subject to the guarantee of the second guarantee insurance contract; the third main contract based on the third contract of this case subject to the guarantee of the second guarantee insurance contract of this case is not actually concluded between the Plaintiff and C; or it is null and void as a false agreement or a contract based on a false representation.
(2) The instant secondary guarantee insurance contract is subject to the guarantee.