보험금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 31, 2016, the Plaintiff (project owner) and the DNA plant company (hereinafter “diar plant”) concluded a contract on the manufacturing and installation work (including trial operation; hereinafter “instant construction work”) of “Minal Poter Poter 500 m/ 500 m20 m2/ 500 m20 m2” (hereinafter “instant facilities”).
The main contents of the instant construction contract are as follows.
Construction amount: 1,320,000,000 won for construction work (excluding value-added tax; hereinafter the same shall apply) 1) on March 20, 2017: 2) on April 10, 2017: 396,00,000 won for construction site installation and payment method 1) on the site: Payment after contact with the performance guarantee insurance policy and the advance payment guarantee insurance policy within one week after entering into a contract of KRW 396,00: Payment after all machinery of KRW 660,000 is made after entering a net factory.
3) Balance: Payment shall be made after the completion of the Plaintiff’s construction work. B. On November 9, 2016, DNA plant contracts with the Defendant for a performance guarantee insurance contract with respect to the instant construction contract, extended from November 9, 2016 to April 10, 2017, with the insurance coverage amount of KRW 396,00,000,000, and the insurance coverage period of KRW 264,000 (Advance) (hereinafter “instant guarantee insurance contract”).
(1) The Defendant’s performance (Advance) terms and conditions of general guarantee insurance (hereinafter “ordinary terms and conditions”) incorporated into the instant guarantee insurance contract
The main contents of the terms and conditions are as follows. Performance (Advance) An insurance company under Article 1 (Compensation for Damages) of the General Guarantee Insurance Clause is an insurance company: (a) the obligor, as the obligor, fails to perform the obligation stipulated in the insurance policy; and (b) the insured, the obligee, as the obligee, is entitled to return the advance payment or the price for the prepaid materials in accordance with the terms and conditions stated in the insurance certificate (hereinafter “insurance company”) and in accordance with the terms and conditions, the term “the contract entered in the insurance policy” is “the Company,” “the prime contract,” and “contractor”.
(i) Article 6 (Insurance Money).