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1. The part of the judgment of the court of first instance against the Defendants shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
Reasons
1. Basic facts
A. On July 9, 2010, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) entered into a guarantee insurance contract with the Plaintiff’s Intervenor Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “Co-Defendant”) with the insurance coverage amounting to KRW 89,60,00,000 for the remainder of the terms of the contract, and the remainder of the contract amounting to KRW 89,60,00 for the payment guarantee of advance payment from the Intervenor Co-Defendant B Co-Defendant B Co-Defendant of the first instance trial and the Defendants under the aforesaid guarantee insurance contract with the Plaintiff, respectively, for the payment guarantee of advance payment.
B. On May 26, 2011, the Intervenor requested the Plaintiff to pay insurance proceeds by asserting that A did not perform its obligation under the instant construction contract. Accordingly, the Plaintiff paid KRW 197,418,181 as insurance proceeds to the Intervenor on January 29, 2013 and KRW 19,741,81,819 as additional insurance proceeds on July 19, 2013, respectively.
[Ground of recognition] Facts without dispute, entry in Gap's 1 through 5, 7 through 10, 13 through 20, Eul's 17, 20 (including all of several numbers), and the purport of the whole pleadings
2. Determination
A. The plaintiff asserted that since the plaintiff paid the insurance money to the insured intervenor as a result of the occurrence of the insurance accident stipulated in the instant advance guarantee insurance contract, he/she claimed that the co-defendant B of the first instance court and the Defendants, the policyholder, and his/her joint guarantor, exercise the right to indemnity.
B. The surety insurance to interpret the insurance clause of this case is the insured (the obligee under the main contract) due to the nonperformance by the policyholder (the debtor under the main contract) who has a specific legal relationship with the insured.