beta
Text
1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.
Reasons
1. Basic facts
A. On November 20, 2014, the Plaintiff entered into a ceiling guarantee insurance contract with D on the condition that D will guarantee the Plaintiff’s future obligation, etc. during the period from November 21, 2014 to November 20, 2015 (hereinafter “instant ceiling guarantee insurance contract”). The Plaintiff entered into a separate guarantee insurance contract with D on the condition that D will guarantee the Plaintiff’s future obligation, etc. during the said limit transaction period.
B. The Defendant, based on the instant guarantee insurance contract, prepared a limited trade agreement under which the Defendant jointly and severally guaranteed the Defendant’s liability for reimbursement against the Plaintiff (hereinafter “instant first agreement”). The Defendant’s signature under the instant first agreement is a digital signature with an authorized certificate issued by N, a licensed certification authority.
C. D entered into a contract for the production and installation of a system of KRW 2,450,00,000 (hereinafter “instant contract for the production and installation of a system”) with C Cooperatives on February 26, 2015.
With D on March 5, 2015, the Plaintiff entered into a guarantee insurance contract for the performance (advance payment) as a separate guarantee insurance contract under the first guarantee insurance contract of this case by setting the insurance period from March 4, 2015 to September 20, 2015, respectively, for the guarantee of advance payment pursuant to the instant contract for the production and installation as KRW 55,000,000, and the insured amount was changed to KRW 600,000 on the same day.
E. In addition, as between March 5, 2015 and D of the same seal, the Plaintiff entered into a guarantee insurance contract (a contract) with each of the insured parties (hereinafter “instant guarantee insurance contract”) by setting the insurance period from February 26, 2015 to November 19, 2015 for the guarantee of the payment of the contract deposit under the instant contract for production and installation.
F. The defendant is against D's plaintiff who will be caused by the second guarantee insurance contract of this case.