선급금 반환 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 7, 2017, the Plaintiff: (a) subcontracted the construction and installation of car lifts among the new construction works of “F building” on the Seocho-gu Seoul Party E ground to D, who is engaged in the business of manufacturing and installing car lifts under the trade name “C” as “C” for the purpose of designing, manufacturing, or installing parking facilities;
(hereinafter “instant construction contract”). B.
According to the “Outboard Co., Ltd.” written in lieu of the contract at the time of the conclusion of the instant construction contract, the ordered item is 3.0 tons of the carp 3.0 tons of the 2F/2S2 (hereinafter “the instant carp”). The total value of supply is 10 million won (excluding value added tax) and the Plaintiff pays 30% of the advance payment (33.0 million won), 50% of the advance payment, and 30% of the completion after the completion of the construction. The payment date is December 31, 2017.
C. On July 12, 2017, D entered into a performance guarantee contract with the Defendant (hereinafter “instant guarantee insurance contract”) with respect to the instant construction contract, which is set out from July 12, 2017 to December 31, 2017 as an insurance coverage amounting to KRW 33 million, and the insurance period from July 12, 2017 to December 31, 2017, and issued a guaranty insurance policy with the Defendant to the Plaintiff.
The general terms and conditions to be incorporated in the terms and conditions of the guarantee insurance contract include the following:
Article 1 (Compensation for Loss) The Company (hereinafter referred to as the “Company”) shall be bound to compensate for any obligation under the contract entered in the insurance policy (hereinafter referred to as “principal contract”) which is the obligor and any consideration for any advance (money) or negotiable material to be returned to the obligee, the obligee, in accordance with the terms and conditions, unless the policyholder, as the obligor, has discharged the obligation under the contract entered in the insurance policy.
Article 2 (Compensation for Non-Compensation) The Company shall not compensate for the following losses:
(2) Loss caused by a cause attributable to the insured.
D. Meanwhile, on July 18, 2017, the Plaintiff issued to D electronic bills with face value of KRW 36,300,000 for advance payment under the instant construction contract, and the said bills are issued.