1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

1. Basic facts

A. On May 1, 201, EM engineering Co., Ltd. (hereinafter “EM engineering”) concluded a subcontract (hereinafter “the subcontract in this case”) with the Defendant, who runs the construction business under the name of E Company, the non-party company, from May 1, 201 to October 30, 201, determined that the construction period was 427,90,000 won for the construction work, and 10% for the contract performance bond (However, the contract performance bond shall be a penalty for breach, and the Defendant shall pay the full amount to the non-party company regardless of the progress rate in breach of the contract).

B. On May 16, 201, in order to secure the payment of the above contract performance guarantee, the Defendant entered into a contract of performance guarantee insurance between the Plaintiff and the non-party company, the insured non-party company, the insurance amount of KRW 42,790,000, and the insurance period from May 1, 201 to October 30, 201 (hereinafter “instant insurance contract”), and issued an insurance policy with the Plaintiff and issued it to the non-party company. The main content of the insurance contract (Evidence 2) is as follows.

Article 3 (Insurance Accidents and Termination of Contracts) The principal undertakes to confirm that the General Terms and Conditions Concerning the Time of the Occurrence of Insurance Accidents and the Termination or Termination of the Main Contracts are as follows, and to fulfill its obligations in good faith. (a)

The insured events of this insurance contract shall be deemed to have occurred when the principal fails to perform his obligations or obligations provided for in the principal contract guaranteed by the company without any justifiable reasons.

(b) A principal contract shall be terminated or cancelled in order for a company to pay insurance proceeds upon occurrence of an insured incident, and in such cases, the termination or cancellation of a principal contract shall not be required within the insurance period;

Article 4 (Compensation for Loss and Bearing of Expenses) (1) When a company pays insurance proceeds upon occurrence of an insured incident under Article 3, the principal shall immediately pay the insurance proceeds.