The judgment below

Of the Seoul Guarantee Insurance Co., Ltd., the non-existence of the guaranteed insurance debt is confirmed.

1. Basic factual basis and the process of litigation

A. Basic factual basis (i) On May 3, 2013, the Defendant entered into a contract for the Cheongcheon Construction Co., Ltd. (formerly, “Sast Construction”; hereinafter “Sast Construction”) and the Defendant’s extension construction (hereinafter “instant contract”) (hereinafter “instant contract”). On May 29, 2013, the Defendant paid KRW 81,195,000 as advance payment (hereinafter “instant advance payment”).

on May 10, 2013 in order to guarantee the repayment obligation of the advance payment of this case, Sheshe concluded an advance payment performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) and the insured as the defendant and failed to execute the contract of this case, and submitted the advance payment performance guarantee insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. to the defendant.

Article 22(1) of the former Act provides that if the Seoul Guarantee Insurance Co., Ltd. pays advance payment to the Defendant according to the above advance payment performance guarantee insurance contract at the time of concluding the above advance payment performance guarantee insurance contract, the Plaintiff jointly and severally guaranteed the liability for

• When the construction of clean name was suspended, the Defendant claimed advance payment guarantee insurance against Seoul Guarantee Insurance on October 14, 2013. Seoul Guarantee Insurance paid KRW 30,979,290 to the Defendant as advance payment guarantee insurance on May 20, 2014.

B. (1) The Plaintiff filed the instant lawsuit against the Defendant to the effect that “The Plaintiff does not have any obligation to return advance payment of KRW 26,845,936 against the Defendant under the instant contract entered into on May 3, 2013 between the Cheong name Construction and the Defendant,” and partly won in the first instance trial.

The plaintiff appealed against the judgment of the court of first instance, and in addition to the above claims in the appellate court, "Seoul Guarantee Insurance and Cheongdae Construction" on May 2013.