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(영문) 서울중앙지방법원 2014.10.28 2013가합86644

보증금지급채무부존재확인

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) On March 13, 2013, the Defendant entered into a contract for the performance of the public sale of the right to import of the Congo (hereinafter referred to as “general bean”)

(3) The 10,000 tons of TR Q Qu (TRQs under the FTA) import rights public sale procedures were conducted (hereinafter “the instant bean” subject to the instant public sale

(2) The Plaintiffs, who participated in the above public sale procedure and won the award, concluded a performance contract with the Defendant as shown in the attached list (hereinafter “each performance contract of this case”), and concluded a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd., and submitted it to the Defendant for payment of the performance guarantee bond.

(3) According to each performance contract of this case, the plaintiffs shall import the whole quantity of the contract until the implementation period. The plaintiffs shall not import the whole quantity of the contract, and where they fail to import the whole quantity of the successful bid price during the successful bid price, the entire performance bond of this case paid by the plaintiffs shall belong to the Government Fund. (b) The defendant's insurance management company of the Congo belongs to the Government Fund. The defendant's insurance management company of the Republic of Korea, around April 2013, shall be 1,300 tons of domestic bean (hereinafter "the Congo of this case").

As a result, the modern marine insurance company, which is an insurance company, (hereinafter referred to as “on-site marine insurance”) by processing the total amount of insurance.

(C) The Plaintiffs were anticipated to engage in the importing business of the Congo due to a decline in the prices of general bean, etc., and the Plaintiffs were not obliged to complete the obligation of bean import under each of the instant implementation agreements until December 10, 2013. [In the absence of any dispute over the grounds for recognition, the Plaintiffs were not obliged to complete the obligation of bean import under each of the instant implementation agreements, and were set forth in subparagraphs 1 through 7, 24, 25, and 3.