1. The request for retrial is dismissed;

2. The costs of retrial shall be borne by the defendant.

the purport and purpose of the claim;

1. Basic facts

A. On May 10, 2012, the Plaintiff concluded a guarantee insurance contract for performance (Advance payment) with a stock company C (hereinafter “Non-Party Company”). However, on September 24, 2012, the Plaintiff paid KRW 200 million insurance money to E to the insured as an insured person due to an insured incident (non-party company’s default of obligations under the main contract).

B. Under the foregoing guarantee insurance contract, the amount that the non-party company is obligated to pay to the Plaintiff is KRW 152,864,780 as of December 23, 2012 (=the amount of KRW 149,826,821 delayed damages of KRW 3,037,959).

(c)

The plaintiff jointly and severally guaranteed the debt owed to the plaintiff by the non-party company under the above guarantee insurance contract.

The Plaintiff filed a lawsuit against the Defendant seeking the payment of the above amount (the Defendant filed an objection against the payment order following the Plaintiff’s request). On May 15, 2014, based on the fact that the joint and several guarantee contract between the Plaintiff and the Defendant was concluded by means of electronic signature with an official certificate in the name of the Defendant (hereinafter “official certificate of this case”), the lower court declared that the judgment subject to a retrial accepting the Plaintiff’s claim was finalized on June 6, 2014, on the ground that the Defendant did not file an appeal, and thus, the judgment subject to a retrial became final and conclusive on June

(d)

The facts are as follows: (a) the instant certificate of recognition was issued by the Defendant with the Defendant’s F Bank Account Number and its password, etc. on the ground that it is necessary to pay monthly pay, etc. to the Defendant registered as a director of the non-party company through the non-party company D, who is the representative of the non-party company; and (b) the application for the above joint and several liability was signed by the Defendant using the instant certificate of recognition issued by the Defendant D, as above.

E. D was convicted on January 17, 2016 on the ground that the Defendant’s electronic records (hereinafter “Defendant’s electronic records”), and the above judgment was dismissed (hereinafter “Seoul High Court”).