보험금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 2014, D Co., Ltd. (hereinafter “Co., Ltd.”) entered into a contract for acquisition of stocks, etc., including the stocks that A’s in-house director E and F acquire all assets, such as stocks and management rights, and D’s representative G substantially operated D’s management.
B. 1) D Co., Ltd. entered into the instant supply contract with A on April 30, 2015, indicated D as “92,500,500 won” (excluding value-added tax, and “982,50,000,000 won” in the goods supply contract with A, but it is obvious that D is a clerical error.
A) The supply shall be made to A, and D shall be KRW 300,000,000 as the advance payment for a contract, and D shall obtain a surety insurance policy for the said advance and submit it to A (hereinafter “instant supply contract”).
(2) On June 11, 2015, D concluded an advance payment performance guarantee insurance contract under the instant supply contract (hereinafter “instant guarantee insurance contract”) with the Defendant and issued it to A with the performance guarantee policy stating the following:
The insured: The insurance coverage period of KRW 300,000: From June 10, 2015 to September 30, 2015: The coverage period of KRW 300,000: From June 10, 2015 to September 30, 2015: The payment guarantee of the amount calculated by subtracting unpaid progress payment from the advance payment amount equivalent to the part of the principal contract) A paid KRW 300,000,000 under the instant supply contract to D on June 11, 2015.
C. A complaint filed against G on January 2016 against G is suspected of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). A complaint is filed by the complainant, and “Defendant Party (G)” only takes over the complainant company (A) as a contract and did not change the shares and executive officers.