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The part against the defendant in the judgment of the first instance and the first instance shall be revoked.
2. The real estate indicated in the separate sheet between the defendant and D.
Reasons
1. Basic facts
A. On January 29, 2014, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) entered into a consignment agency contract with the Co-Defendant B, C, D, and E under the joint and several liability guarantee of the first instance court, stating that A Co-Defendant B, C, D, and E shall perform the entrusted duties with respect to the sales of wire and wireless products entrusted by the K Co., Ltd., and customer management (hereinafter “instant consignment agency contract”).
B. (1) On February 6, 2014, the Plaintiff entered into a guarantee insurance contract with A, with the insured as of February 6, 2014, set the insurance period from February 6, 2014 to February 5, 2016, with the terms that guarantee A’s obligation to compensate for damages and to pay credit goods according to the instant consignment agency contract with respect to A (hereinafter “instant guarantee insurance contract”).
(2) Upon entering into the instant guarantee insurance contract, A paid insurance money to the insured by the Plaintiff due to the Plaintiff’s failure to perform the obligation or obligation to guarantee the payment of the insurance money, but in the event of delay, the Plaintiff shall be reimbursed for the payment of the insurance money, and the damages for delay and the costs of legal procedure prescribed by the Plaintiff. Codefendant B, C, and D of the first instance trial jointly and severally guaranteed the liability for indemnity against the Plaintiff under the instant guarantee insurance contract.
C. On February 5, 2016, A did not perform the obligation under the instant consignment agency contract, and there was an insurance accident under the instant guarantee insurance contract. On May 25, 2016, the Plaintiff paid KRW 166,201,99 with the insurance money to K Co-Defendant B, C, and D, the primary debtor, pursuant to the instant guarantee insurance contract. (2) The Plaintiff may exercise the right of reimbursement against the co-defendant B, C, and D, the primary debtor, pursuant to the instant guarantee insurance contract.