이행보증금반환 등 청구의 소
1. The Defendant’s KRW 50,000,000, and its annual 6% from March 26, 2019 to January 16, 2020, respectively, to the Plaintiff.
1. Basic facts
A. The Plaintiff is a limited company that runs the transportation business, and the Defendant is a stock company that runs the sales business of petroleum products.
B. On September 25, 2017, the Plaintiff entered into a transport contract with the Defendant for petroleum products (hereinafter “instant transport contract”). The said contract includes the following:
Accordingly, the Plaintiff paid KRW 100 million (hereinafter “instant performance guarantee”) to the Defendant as performance guarantee.
Article 10 (Guarantee of Compensation for Damages, etc.) (1) In order to secure the performance of this contract and all other damages, the Plaintiff deposits cash of KRW 100 million as a performance bond, performance guarantee bond, bank payment guarantee, or cashier’s check to the Defendant, and in the event that the cause for termination of the contract under Article 12 arises to the Plaintiff (excluding paragraph (7)), the security shall be reverted to the Defendant on a penalty for breach of contract, but if the amount of damages exceeds the above performance guarantee, the Defendant
In cases falling under any of the following subparagraphs, the contract may be terminated by notifying the other party in writing:
(1) Where the other party fails to perform his/her duties under this contract within 15 days after the other party notified the other party to perform such duties. (2) Where the other party applies for bankruptcy, liquidation, dissolution, workshops, court management, and other procedures similar thereto or becomes the subject of such procedures, the other party is likely to interfere with the performance of his/her services, such as transfer, seizure, provisional seizure, provisional disposition or management of the other party's important property to a third party or seizure, provisional seizure, provisional disposition or provisional disposition (hereinafter omitted)
C. The creditors of D, E, and F, who are creditors of the Plaintiff, are creditors of D, the Plaintiff as the obligor, the Defendant as the garnishee, and the Defendant as the third obligor: the claim amount of the Plaintiff’s oil transport cost claim against the Defendant: 227,400.