채무부존재확인
1. The plaintiff and Seoul Guarantee Insurance Co., Ltd., upon a claim for exchange change at the trial.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the first instance except for the addition as follows. Thus, this part of the basic facts is cited by including the abbreviation in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Parts] The fourth 15th 15th 15th 2 of the first instance judgment [based grounds for recognition] adds “A evidence 2, Eul evidence 6, and this court’s obvious facts.”
The following facts shall be added after the fourth Eth of the judgment of the first instance:
F. The instant construction contract was concluded around December 30, 201, which was after the expiration of the insurance period, and the period of the instant construction contract was KRW 357,818,370 at the time.
G. At the time of the conclusion of the instant construction contract, the Plaintiff agreed to receive KRW 195,00,000 (the “application for correction of the purport of appeal and the grounds for appeal” indicated as KRW 190,000 as advance payment, but appears to have been written due to mistake) from the Defendant. In relation to the obligation to return the advance payment, the Plaintiff entered into a guarantee insurance contract for performance of KRW 195,00,000 (Advance payment) (hereinafter “instant insurance contract”) between the Seoul Guarantee Insurance Co., Ltd., as indicated in the attached Form, and issued the said bond to the Defendant.
The terms and conditions stipulate the following with respect to the payment of insurance money:
Article 6 (Compensation for Loss) The Company shall compensate the obligee for the amount of advance or deposit which the obligee shall have received as a result of the failure of the obligor to perform the obligation as stipulated in the contract entered in the insurance policy (hereinafter referred to as "principal contract") and the amount of such advance or deposit in accordance with the terms and conditions.
Article 7 (Amount of Insurance Money to be Paid by Company) (1) The amount of insurance money to be paid by Company shall be the amount calculated by subtracting the unpaid progress payment from the amount equivalent to the part of the performance of the prime contract in advance or from the cost of such advance payment.
Provided, That the advance payment shall be made in the relevant Acts and subordinate statutes or the main contract.