구상금
1. The plaintiff's claim against the defendant is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. (1) On February 21, 2005, the Defendant applied for provisional disposition of prohibition of real estate disposal as Busan District Court Decision 2005Kahap426 on the building with the size of 1296 square meters in Seo-gu, Busan and 1296 square meters and its 6th floor as the obligor and the right to claim cancellation of ownership transfer registration as the preserved right.
(2) On March 7, 2005, the Busan District Court ordered the defendant to provide the defendant with security equivalent to KRW 230,000,000 for the light of the company as the provisional disposition obligor, and the defendant entered into a deposit guarantee insurance contract with the insured as the gold light, the insurance amount of KRW 230,00,000, and the guarantee amount of KRW 230,000 with each of the above real estate as the damages security based on the provisional disposition (hereinafter "the first guarantee insurance contract of this case"), and submitted the security. The provisional disposition order of each of the above real estate was executed at that time.
B. On March 30, 2006, the Defendant filed an application for provisional seizure of real estate with the Busan District Court No. 2006Kadan6744 as to the building with the size of 1296 square meters in Busan Seo-gu and 1296 square meters and its 6th floor on the ground of the claim for construction price as the obligor and the right to preserve the claim for construction price as the preserved right.
(2) On March 30, 2006, the Busan District Court ordered the Defendant to provide security equivalent to KRW 238,100,000 for the light of the company as the provisional attachment obligor. On March 30, 2006, the Defendant entered into a deposit guarantee insurance contract with the insured company as the gold light, the purchase amount of insurance, and the guarantee amount of KRW 238,10,000 between the Plaintiff and the Plaintiff, and received and submitted the securities. The provisional attachment order on April 4, 2006 was executed at that time.
C. (1) The main contents of the agreement of the Guarantee Insurance Contract Nos. 1 and 2 in this case are as follows.