채무부존재확인
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On April 2019, the Defendant entered into a contract for construction work at KRW 840,257,000 with respect to the construction work of the “D development project” ordered by the Seocho-gun (hereinafter “instant construction work”). Around that time, the Plaintiff and the Defendant entered into a collective subcontract for the instant construction work with the construction cost of KRW 568,00,000, with the construction cost of KRW 568,000.
However, the Plaintiff did not hold a license for the instant construction project, and the Plaintiff and the Defendant concluded a formal contract for the supply of materials with the total amount of KRW 200 million around April 10, 2019 for convenience in paying advance payment of KRW 140 million.
Meanwhile, around May 20, 2019, the Plaintiff concluded a performance guarantee insurance contract under the said material supply contract with C Co., Ltd. and the Defendant as the insured, and issued the insurance policy to the Defendant. On May 23, 2019, the Plaintiff received KRW 140 million from the Defendant for advance payment of the instant construction work.
On March 20, 2020, the Defendant filed a claim against C Co., Ltd. for the insurance money of KRW 140 million based on the above surety insurance, claiming that “the Plaintiff did not perform the above material supply contract and caused an insurance accident as of December 31, 2019.”
However, the plaintiff conducted the construction of this case more than KRW 140 million, which was paid in advance, and it cannot be deemed that an insurance accident under the above guarantee insurance contract occurred.
Therefore, it is necessary to confirm the absence of the insurance payment obligation based on the insurance policy stated in the attached Table 1 to the defendant of C corporation.
2. The lawsuit for confirmation of the legitimacy of the instant lawsuit does not necessarily have to be limited to the legal relationship between the original and the Defendant, but can also be subject to the legal relationship between the original and the Defendant and a third party or between the third parties. However, the confirmation of such legal relationship is the Plaintiff’s right according to such legal relationship.