구상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Around November 28, 2011, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a contract with D on the condition that the Defendant Company will deliver the Lone Star processing machine to D with the price of KRW 75 million (hereinafter “instant contract”).
B. On December 5, 2011, the Defendant Company entered into a performance guarantee insurance contract with the Plaintiff with the insurance coverage amounting to KRW 75 million from December 7, 201 to January 6, 2012 in order to guarantee the repayment obligation of advance payment under the Radoer’s air supply contract entered into with D, and received the guaranty insurance policy.
The Defendant Company agreed not to inflict damages on the Plaintiff by faithfully discharging the obligation of the Defendant Company guaranteed by the Plaintiff due to the foregoing guaranteed insurance contract, and agreed not to inflict damages on the Plaintiff. When the Plaintiff paid the insurance money, the insurance money shall be immediately paid, but in the event of delay, the damages for delay calculated by adding the damages for delay as
C. Defendant B and C jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company to the Plaintiff in relation to the above guarantee insurance contract.
After that, D paid 75 million won as advance payment to the Defendant Company.
E. Although the Defendant Company should supply the instant machine to D by the scheduled time limit, the repair of the said machine was not completed, and a reasonable period of time was required for repair. Around February 14, 2012, the Defendant Company requested D to temporarily request D to use Samsung Razer (hereinafter “instant machine”) used in the Defendant Company’s factory until the completion of repair. Around February 17, 2012 with D’s consent, the instant machine was relocated and installed at D’s factory.
F. D. On March 26, 2012, the instant machine does not work normally, and even if it is operated, cut work is not properly performed.