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. Basic facts

A. On September 3, 2013, Seojin Co., Ltd. concluded a guarantee insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the Korea Electric Power Corporation (hereinafter “instant insurance contract”) with the purchase price of KRW 57,274,00,000 (the purchase price was changed to KRW 69,000 thereafter), the insured Korea Electric Power Corporation, and the Korea Electric Power Corporation from September 15, 2009 to December 14, 2013 (the insurance period was changed to September 30, 2016) (hereinafter “instant insurance contract”).

B. The above insurance contract was concluded by means of an electronic contract through digital signature, and on the same day, a joint and several surety agreement was prepared in the name of the defendant with the content that guarantees the obligations of Seojin Co., Ltd. under the above insurance contract against the plaintiff through digital signature using the defendant

C. The Korea Electric Power Corporation demanded the Plaintiff to pay insurance proceeds, when the insured event that did not pay the amount of the electric utility fee (temporary electric deposit) occurred, and the Plaintiff paid KRW 42,870,400 to the Korea Electric Power Corporation on March 20, 2014.

According to the insurance contract of this case, when the plaintiff pays insurance money, the policyholder shall pay the insurance money, and the insurer shall pay damages for delay calculated by applying the rate of overdue interest (6% per annum from the day following the day of payment of insurance money to 30 days from the day of payment of insurance money, 9% per annum from the day after the day to 60 days, and 15% per annum from the day following the day of

E. The Plaintiff collected part of the above insurance proceeds and remaining principal amounting to KRW 12,513,710, and damages for delay incurred until June 18, 2014 are KRW 246,845.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 3, and Gap evidence 3-5, the whole purport of the pleading (the defendant's argument that the evidence 2-3 of No. 2-1 is forged shall be examined below)

2. The assertion and judgment

A. Article 3(2) of the Digital Signature Act provides that determination on the cause of the claim shall be made.