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(영문) 부산지방법원 2017.06.14 2016나50303

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On April 29, 2014, Defendant A Co., Ltd (hereinafter “Defendant A”) entered into a supply contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) with the content that the Intervenor would produce and supply parts necessary for the manufacture of goods that the Intervenor would supply to the Switzerland Construction Co., Ltd. to the Intervenor, and that the Intervenor would pay KRW 1,250,000 to the Defendant Company in return (hereinafter “instant supply contract”).

B. On April 29, 2014, the Defendant Company concluded a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff between April 29, 2014, to guarantee the Intervenor’s obligation to the Intervenor when the Defendant Company breached its obligation under the instant supply contract. In order to guarantee the Intervenor’s obligation to the Intervenor, the amount of insurance coverage is KRW 137,50,000, and the insurance period is from April 29, 2014 to August 10, 2014.

C. Defendant B and Co-Defendant C of the first instance trial jointly and severally guaranteed the liability for indemnity against the Plaintiff of the Defendant Company according to the instant guarantee insurance contract.

Meanwhile, the creditors of the Defendant Company filed an application for seizure of corporeal movables with respect to steel structures, etc. kept in custody by the Defendant Company to supply them to the intervenors pursuant to the supply contract of this case, and accordingly execution thereof was effected, thereby hindering the Defendant Company from performing the obligations under the supply contract of this case.

Around December 2014, the Defendant Company suspended the production that the Defendant Company was under way in accordance with the instant supply contract, but there was discussion on how to terminate the transactional relationship between the Defendant Company and the Intervenor by providing only the goods already produced to be supplied to the intervenors to the intervenors.

Accordingly, on December 5, 2014, between the defendant company and the intervenor, the agreement is below the same content as the attached Form.