1. The part of the judgment of the court of first instance against the defendant (appointed party) is revoked, and the plaintiff against the defendant (appointed party).

Facts of recognition

The Plaintiff entered into a performance guarantee insurance contract as follows in order to guarantee the performance of the goods payment obligation to be borne by Codefendant A, A, or C to the insured by the Codefendant A, C, and the Defendant (Appointed Party) and the Appointed (hereinafter referred to as the “Defendants”) jointly and severally guaranteed the indemnity obligation under the performance guarantee insurance contract.

The date of concluding the insurance contract on July 23, 2012: the insurance period of the first instance trial Co-Defendant A: 50,000,000 won: the insurance period from July 20, 2012 to July 19, 2013: the date of concluding the insurance contract for the joint surety: Defendant D (the partial guarantee within the limit of 58,500,000 won) and Co-Defendant A: the insured on October 24, 2012: the insurance period of the first instance court Co-Defendant A: 20,000,000 won: the insurance period from October 25, 2012 to October 24, 2013; the insurance period of the Defendants’ Co-Defendant A: the insurance period of the first instance court from 30,000 won to 30: the insurance period of the Defendants’ Co-Defendant B’s indemnity within the limit of 10,2013.

As A and C did not perform their duty to pay goods to the insured, the Plaintiff shall pay insurance money of KRW 49,940,717 to the Agricultural Trial Co., Ltd. in accordance with the first insurance on July 31, 2013, and KRW 20,000,000 according to the second insurance on August 13, 2013.