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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
Defendant and the co-defendant C.
Reasons
1. Basic facts
A. On January 3, 2018, B Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with E Co., Ltd. (hereinafter “E”) to be supplied with goods, and on January 3, 2018, the Plaintiff and the Plaintiff entered into a guarantee insurance contract for the performance (hereinafter “instant insurance contract”) with the insured amount of KRW 100,000,000, and the insurance period from January 1, 2018 to December 31, 2018, in order to secure the payment of the above goods to E. In such cases, C, the representative director of the Nonparty Company, on behalf of the Plaintiff pursuant to the instant insurance contract, jointly and severally guaranteed the indemnity obligation that the Nonparty Company would bear with the Plaintiff.
B. On March 2, 2018, the non-party company entered into a contract with F Co., Ltd. (hereinafter “F”) to be supplied with goods. On March 2, 2018, the Plaintiff and the Plaintiff entered into a guarantee insurance contract for performance (sale of goods) with the period from March 1, 2018 to March 1, 2019 (hereinafter “instant insurance contract”) with the insured FF, the insurance amount of 100,000,000 won, and the insurance period from March 1, 2018 to March 1, 2019, the non-party company jointly and severally guaranteed the indemnity liability to be borne by the non-party company against the Plaintiff when the Plaintiff subrogated for the obligations of the non-party company pursuant to the instant insurance contract.
C. On May 16, 2018, E claimed insurance proceeds under the instant insurance contract to the Plaintiff on the ground of the Non-Party Company’s default on the payment of goods. On June 18, 2018, the Plaintiff paid KRW 99,304,157 of the insurance proceeds to E.
F On April 14, 2018, on the ground of Non-Party Company’s default on the purchase of goods, F claimed insurance proceeds under the instant secondary insurance contract to the Plaintiff. On June 19, 2018, the Plaintiff paid KRW 23,773,567 to F.
According to the first and second insurance contracts of this case, when the non-party company paid the insurance money by causing the insurance accident, the non-party company shall pay the insurance money.