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

1. Basic facts

A. On May 28, 2010, a company A, a co-defendant of the first instance trial, concluded a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) between the Plaintiff and the Intervenor for the amount of insurance coverage of KRW 150,000,000, and the period of insurance from May 28, 2010 to May 27, 2012, in order to guarantee the payment of the liability for damages under the consignment agency agreement with the Plaintiff’s Intervenor for the payment of the amount of goods on credit for wire and wireless communications products.

In addition, the Defendants and Co-Defendant B and C of the first instance trial jointly and severally guaranteed the obligation to be borne by Company A to the Plaintiff in accordance with the instant guarantee insurance contract.

B. According to the instant guarantee insurance contract, where the Plaintiff pays insurance money, the policyholder and the joint guarantor shall pay the Plaintiff the insurance money paid and the damages for delay in accordance with the interest rate set by the Plaintiff within the maximum of the overdue interest rate under the Banking Act from the day following the payment of insurance money to the Plaintiff. The overdue interest rate set by the Plaintiff is 6% per annum from the day following the payment date to 30% per annum, 9% per annum from the next day to 60%, and 1

C. On June 3, 2010, Company A entered into an entrustment agency contract with the Intervenor with respect to wire and wireless goods, services, etc. (hereinafter “instant agency contract”).

Defendant D, Nonparty F, and G jointly and severally guaranteed the obligations owed to the intervenors by the Company A in accordance with the above agency contract.

According to the instant agency contract, in principle, an agency shall pay the price of the goods in full at the time of the acquisition of the goods (the main sentence of Article 23(1)), and where an agency neglects its obligation to comply with the procedure for identification and causes financial loss, such as the failure to pay user fees, failure to pay subscription fees, and failure to pay terminal fees, etc., due to fraudulent use of name, the