On January 1, 2012, the Plaintiff entered into a contract with AK network (hereinafter “AK network”) on the construction site for the new apartment complex (hereinafter “instant construction site”) in Daegu-K (AK), the HK network, and on the construction site for the new apartment complex (hereinafter “instant construction site”), the Plaintiff entered into a contract with the Plaintiff for installation of virtue and nitron facilities (hereinafter “the agreement with the Plaintiff”) of the cost, including electric exchangeers, to supply them at KRW 1,04,20,000.

The Plaintiff and the case network set the special agreement that “the heat exchange system supplied by the Plaintiff shall be a high-efficiency certified product.”

Around that time, the Plaintiff entered into a contract with Defendant Jinsung Co., Ltd. (hereinafter “Defendant Jinsung”), under which the said Defendant would manufacture and deliver a total of KRW 1,881 (Standard 150cmh type, 200cm type, 250cmh type, 250cm type) (including value added tax) to the total of KRW 477,126,00 (hereinafter “instant contract”).

On January 25, 2013, Defendant Jinsung Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) entered into a guarantee insurance contract with Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) with the name of the prime contract: from March 31, 2013 to March 30, 2016; the insured: (a) entered into the performance guarantee insurance contract with the Plaintiff, the insurance money of KRW 14,313,750 (hereinafter “instant insurance contract”); and (b) issued the guarantee insurance contract with the Plaintiff.

Article 6 of the insurance clause of the insurance contract of this case provides that the insured who is a creditor of Seoul Guarantee Insurance fails to perform it according to the contract entered into in the insurance policy even though he/she received a final inspection or examination of the contract or the sales contract and received a request for the repair or supplementation of the defect that occurred within the warranty liability period after the contract was completed or examined by the contractor of Seoul Guarantee Insurance.