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(영문) 부산지방법원동부지원 2016.10.06 2016가단205993

지급보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, a stock company with the purpose of manufacturing and selling electric wires, cables, etc., entered into a contract for goods supply with the national preservation equipment (hereinafter “national preservation equipment”) from around December 14, 2010 to the end of December 2015 on electric wires, cables, etc., and supplied electric wires, cables, etc. to the national preservation equipment.

B. On January 31, 2013, upon the request of the State reserve, the Defendant issued a guarantee certificate for the guarantee of the contract for the supply of the instant goods to the Plaintiff on January 31, 2013, providing that the Defendant issued the guarantee certificate for the guarantee of the contract for the extension of the guarantee period from January 31, 2013 to January 31, 2014, with the content of the guaranteed obligation to the Plaintiff as above, and the guarantee certificate for the extension of the guarantee period from January 28, 2014 to January 31, 2015. < Amended by Act No. 12183, Jan. 28, 2014>

C. On February 2, 2015, the Defendant issued a guarantee certificate for specific debt guarantee (hereinafter referred to as “instant guarantee certificate”) to the Plaintiff from February 2, 2015, stating the content of the guaranteed obligation to the Plaintiff as “transaction of supply of goods during the national preservation period,” the guaranteed amount of KRW 300,000,000, and the guarantee period of the guaranteed obligation from February 2, 2015 to January 31, 2016.

On the other hand, in consultation with the national flag, the Plaintiff entered into a gift contract corresponding to the quantity determined to purchase the national flag to ensure the stable securing of electric wires and cables, which are raw materials for the manufacture of electric wires and cables in accordance with the product supply contract of this case.

However, the Plaintiff failed to perform the obligation under the instant goods supply contract, such as failure to pay the price or refusal to receive the goods even though the national security period was supplied, and the Plaintiff failed to use all the Dongs secured by the futures contract.

Accordingly, on October 6, 2015, the Plaintiff expressed that the gift contract will be terminated if the Plaintiff did not perform the demands and the contract for the performance of the contract during the national preservation period.