1. The judgment of the court of first instance is modified as follows.

Of the principal lawsuit of this case, the part of the claim for confirmation and the counterclaim of this case.

1. The part on which confirmation is requested in the principal lawsuit

A. On February 12, 2015, the Plaintiff asserted that: (a) from the Defendant on February 12, 2015, the Plaintiff leased the real estate indicated in the land list and the building indicated in the separate sheet Nos. 1 and the separate sheet No. 2; (b) between the Plaintiff and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd”); and (c) concluded a guarantee insurance contract under which the Seoul Guarantee Insurance Co., Ltd. would compensate the Defendant for the damages incurred to the Defendant by failing to perform any of its obligations or statutory obligations owed to the Defendant.

The defendant claims the payment of the above contract bond to Seoul Guarantee Insurance even though the plaintiff did not violate the above lease agreement, so that the plaintiff seeks confirmation that there is no obligation to pay the contract bond to the defendant.

B. A lawsuit for confirmation of legal principles is not necessarily limited to a legal relationship between the plaintiff and the defendant, but may be subject to a legal relationship between the plaintiff and a third party or between third parties. However, according to such legal relationship, the confirmation of legal relations is required to be immediately finalized by the confirmation judgment between the plaintiff and the defendant, which is the object of confirmation in order to eliminate the risks and apprehensions existing in the plaintiff's rights or legal status, and it is the most effective and appropriate means.

(see, e.g., Supreme Court Decision 2013Da1570, May 12, 2016). An insured incident refers to an uncertain accident that specifies the insurer’s obligation to pay the insurance proceeds under an insurance contract. As such, in a performance guarantee insurance contract, what is specific is an insurance accident refers to an agreement between the parties, taking into account the specific contents of the insurance clause included in the contract, and the insurance policy and the main contract.