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1. All appeals filed by Defendant C Partnership and E are dismissed.
2. Of the judgment of the first instance, the part against Defendant F and G in each of the judgment.
Reasons
1. The reasoning for this part of the lower court’s reasoning is as follows, except for the first instance judgment’s first instance judgment’s fourth to 6, first instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s corresponding part
(B) The instant performance guarantee agreement was concluded through an electronic contract through electronic signature. On the same day, a joint and several surety agreement in the name of the said Defendants (hereinafter “instant joint and several surety agreement”) providing a joint and several surety for the Plaintiff under the said performance guarantee agreement with respect to the Plaintiff through an electronic signature using the authorized certificate of B, C, D, Defendant E, Defendant E, Defendant F, Defendant G, and H.
(B) A. However, with respect to Defendant E, Defendant F, Defendant G, and H, a written confirmation of the partial amount of joint and several guarantee under the instant performance guarantee agreement, to guarantee partial joint and several guarantee within the limit of KRW 58.5 million.
2. Determination as to each claim against Defendant C and E
A. Article 7(2) of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) provides that “Where an addressee of an electronic document has transmitted it by a person who has justifiable grounds to believe that the received electronic document was based on the will of the originator or his/her agent by virtue of the relationship with the originator or his/her agent, the addressee of the electronic document may regard the expression of intent contained in the electronic document as the originator’s act.”
In addition, according to Article 18-2 of the Digital Signature Act, in a case where other Acts do not restrict or exclude the identification of the person concerned using an authorized certificate, the identification of the person concerned can be confirmed with an authorized certificate issued by a licensed certification authority in accordance with the provisions of this Act.