1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The plaintiff sought reimbursement against the defendant, C, and D. The court of first instance accepted all the plaintiff's claims against the defendant, C, and D.

Accordingly, the part of the plaintiff's claim against C and D is separated and finalized. Thus, the scope of this court's judgment is limited to the part of the plaintiff's claim for indemnity against the defendant.

2. Basic facts

A. 1) Co., Ltd and the Defendant are joint business operators selling mobile communications equipment, etc. with the name of “E”. 2) C entered into an agency contract with “F” (hereinafter “instant agency contract”) on February 25, 2015, and the contract (Evidence 1) entered into at the time of the instant agency contract (hereinafter “instant contract”). The Defendant jointly and severally guaranteed the obligation of “C” under the said agency contract, and the instant contract is also written as D joint and several sureties.

3) On February 17, 2015, C and the Defendant concluded a guarantee insurance contract with the Plaintiff, setting the insured F, insurance amount of 150,000,000 won, insurance period from February 17, 2015 to February 16, 2017, with the content of the guarantee as “liability for damages arising from an agency contract of a mobile communications business operator and the guarantee for the payment of the amount of credit goods for oil and radio communications products” (hereinafter “instant guarantee insurance contract”).

4) Of the content of the instant guaranteed insurance contract, the parts relating to the instant case are as follows.

In making a guarantee insurance contract with A Co., Ltd. (hereinafter referred to as the “Company”), the policyholder of the performance guarantee insurance contract, the principal promises to faithfully implement the following provisions:

Article 3 (Compensation for Loss and Bearing of Expenses) (1) When a company fails to perform its obligation or obligation guaranteed by the company (hereinafter referred to as "insurance accident") and pays insurance proceeds to the insured.