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(영문) 서울중앙지방법원 2015.12.22 2015가합506043

보험금지급

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company aimed at manufacturing and selling ready-mixed building materials.

(Plaintiff was comprehensively succeeded to the rights and obligations with respect to the manufacture, sale, etc. of ready-mixed building materials, which was a corporation established after being divided from the tribuster Co., Ltd. on October 1, 2013. The Defendant Intervenor A (hereinafter “A”) is registered as the representative of C, and D is the father of A.

B. The Plaintiff was awarded a subcontract for the production and supply of concrete necessary for the E System from a lot construction company (hereinafter “shot Construction”).

On November 1, 201, the Plaintiff concluded a contract to re-subcontract the production and supply of the above concrete that was contracted with C, and on November 1, 201, with B/P (hereinafter “instant facilities”) and C/P (including value-added tax) on the condition that C and C install and operate the facilities of this case and manufacture and supply concrete and supply them to the Plaintiff, and then remove the facilities of this case (hereinafter “instant main contract”).

C. C entered into a performance guarantee insurance contract with the Defendant (hereinafter “instant performance guarantee contract”) with respect to KRW 192,071,00,000, the contract amount of KRW 10% of the contract amount pursuant to Article 1 of the terms of the instant prime contract agreement, and issued the performance guarantee insurance policy from the Defendant to the Plaintiff.

A’s mother F, Defendant Intervenor B (hereinafter “B”), G, and H have jointly and severally guaranteed the instant guarantee agreement.

Performance(Contract) Policy Policy policyholder Co., Ltd. will be a contract bond under the supply contract with the content of the guarantee from November 1, 201 to October 29, 2012 (364 days) in the insurance period of KRW 192,071,00,000.