1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with the co-defendant A of the first instance trial.

1. Basic facts

A. On May 25, 2012, the Plaintiff received an application for subscription by means of an electronic document to guarantee payment of credit goods payment to the non-party company A with the content of the guarantee from May 18, 2012 to May 17, 2013.

In the above electronic document, each digital signature by A and the defendant's authorized certificate was affixed, and the plaintiff accepted the above offer on the same day.

(hereinafter referred to as “instant joint and several guarantee agreement” between the Plaintiff and the Defendant.

Since then, the non-party company did not pay goods to the non-party company. On September 4, 2012, the non-party company claimed insurance money by notifying the plaintiff of the occurrence of the insurance accident, and the plaintiff paid 30,000,000 won of the insurance money to the non-party company on October 2, 2012 based on the guarantee insurance contract of this case.

C. The agreed interest rate on delay under the instant guarantee insurance contract is 6% per annum until the 30th day from the day following the date of payment of insurance money, 9% per annum from the 31st day to the 60th day, and 15% per annum thereafter.

Meanwhile, damages for delay until December 31, 2012 due to the payment of indemnity amount is KRW 591,780.

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 5 (including virtual numbers) and the purport of the whole pleading

2. The plaintiff's assertion

A. Since the joint and several guarantee agreement of this case was duly established by the Defendant’s digital signature with the Defendant’s authorized certificate, the Defendant is jointly and severally liable to pay the Plaintiff the amount equivalent to the above insurance money.

B. Even if the joint and several guarantee agreement of this case is not valid, the defendant bears the responsibility by the express representation under Article 126 of the Civil Code.

3. Determination

A. Article 3(2) of the Digital Signature Act on the responsibility of the joint and several liability agreement of the instant case provides that a certified digital signature exists.