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. Facts of recognition;

A. On April 25, 2007, the Defendant entered into a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) and with the Defendant’s permission for the collection of earth and stone in mountainous districts, with respect to the deposit for recovery expenses, the Defendant provided the Plaintiff’s life-time deposit in the name of the Plaintiff (hereinafter “the instant guarantee insurance contract”) with the value of KRW 377,059,034 issued by one Bank for the occurrence of the insurance accident or the exercise of the right to indemnity under the instant guarantee insurance contract, from April 25, 2007 to May 31, 2012.

B. After that, on December 1, 2011, Gunsan filed a claim against the Seoul Guarantee Insurance Co., Ltd. for payment of the insurance money on the ground of vicarious recovery due to the Defendant’s loss of restoration obligation, and the Seoul Guarantee Insurance Co., Ltd. paid KRW 1,686,240,000 on April 17, 2013.

C. Meanwhile, on March 23, 2012, Seoul Guarantee Insurance notified the Plaintiff of the plan to dispose of the instant term deposit by exercising the right to indemnity due to the occurrence of the insurance accident under the instant guarantee insurance contract and appropriate it for repayment. On April 4, 2012, Seoul Guarantee Insurance (i.e., realization of the instant term deposit) and (ii) appropriated the principal and interest of KRW 409,200,260, including the interest, for the repayment of the right to indemnity.

【Unfounded ground for recognition】 The fact that there is no dispute, entry of Gap evidence 1 through 5 (including branch numbers; hereinafter the same shall apply), the result of the order issued by the court of the first instance to submit financial information on the Seoul Guarantee Insurance, the purport of the entire pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff offered the instant term deposit as security for the Defendant as a surety, and the Seoul Guarantee Insurance Co., Ltd.