1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

1. Under the main sentence of Article 420 of the Civil Procedure Act, the part concerning the basic facts of the first instance judgment shall be cited as it is.

2. Claims concerning the cause of claims;

A. According to the failure to perform the obligation to collect the sale proceeds, the FF claiming the guaranteed insurance benefit shall be liable for the collection of the sale proceeds, such as Korean-do land delivered by the Plaintiff.

F entered into an insurance policy for the performance (payment) of this case with the Defendant to secure the performance of the above obligation.

F is jointly and severally liable with the purchaser for the amount equivalent to the sale price, 196,897,135 won, and damages for delay.

Therefore, the defendant is liable to pay the above damages and damages for delay suffered by the plaintiff due to the plaintiff's failure to receive the sales proceeds as above under the performance guarantee insurance contract of this case (payment).

(1) (10,000,000 won and part of the damages for delay against the plaintiff shall be appealed, and the scope of the adjudication shall be limited; hereinafter the same shall apply).

According to the embezzlement of the sales proceeds, F, who received the consignment payment of the Plaintiff’s Han-chul Land, etc., shall be deemed as the Plaintiff’s ownership, and F, by voluntarily consuming KRW 129,250,000 out of the sales proceeds, has violated the consignment contract of this case and has suffered damages equivalent to the above amount from the Plaintiff.

Therefore, the defendant is obligated to pay the above embezzlement and damages for delay according to the performance guarantee insurance contract of this case (payment).

3. Determination

A. Prior to determining whether the FF violated the consignment contract of this case by failing to perform its liability for the collection of the guaranteed insurance money for the nonperformance of the obligation for the collection of the sale proceeds, it shall be deemed that the nonperformance of the liability for the collection of the guaranteed insurance money is an insured incident stipulated in the performance guarantee insurance contract of this case.

guaranteed insurance means as the insured;