1. Revocation of the first instance judgment.

2. As to KRW 1,356,960 and KRW 1,330,720 among the Plaintiff and the Plaintiff’s KRW 1,330,720, Nov. 9, 2017.

1. Facts of recognition;

A. On April 30, 2015, the Defendant, who operates a mobile phone consignment store (trade name: C), concluded a guarantee insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the insured with the amount of insurance coverage KRW 10,000,000, the details of the guarantee, “liability guarantee under a telecommunications business contract”, and the guarantee period from April 30, 2015 to April 29, 2017, respectively.

B. According to the instant insurance contract, where the insured event occurred that the Defendant, as the policyholder, did not perform the contractual or statutory obligations with respect to the non-party company that is the insured, and the Plaintiff pays the insurance proceeds to the insured, the policyholder shall immediately pay the insurance proceeds to the Plaintiff, and where delay is made, the policyholder shall pay damages for delay calculated by adding the damages for delay calculated at the rate of interest rate (6% per annum from August 11, 2017, 9% per annum from September 10, 2017, and 12% per annum from November 9, 2017) publicly notified by the Plaintiff to the insured.

C. Meanwhile, the Defendant and the non-party company entered into a consignment contract on the sales of mobile communications and wire communications (hereinafter “instant consignment contract”). According to the instant consignment contract, the Defendant sold goods related to communications entrusted by the non-party company, but the Defendant was fully responsible for the non-party company’s civil and criminal damages and tangible and intangible losses arising in relation to the issue of sales, such as the identity theft, fraudulent/non-party accession, etc.

However, on November 30, 2015, E entered several communications companies without F’s consent, using an identification cans that he/she reported from the Defendant’s mobile phone consignment store to be lost or lost. The F reported that the name was stolen on December 28, 2016 and confirmed the identity theft in G on February 17, 2017, and thereby, the F made a final decision on the identity theft of the Non-Party Company amounting to KRW 2,356,240.