(영문) 인천지방법원 2015.01.20 2014가합4459

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(영문) 인천지방법원 2015.01.20 2014가합4459

보증보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 2012, the Plaintiff awarded a contract for the construction of water supply facilities by setting the construction period from September 3, 2012 to December 31, 2012, with the construction period of “construction of water supply facilities by drawing order” (hereinafter “instant construction”) to E.S. A. (hereinafter “S. company”).

Article 1 (Guarantee Responsibility) (2) In this Clause, the term "Guarantee Accident" means that the debtor (if any of the following causes occurs to the debtor, hereinafter referred to as the "debtor" or the "principal debtor") fails to fulfill the requirements for return of the following advance payment, or any other default (if any event occurs within the warranty period set forth in the preceding page), the debtor fails to fulfill the requirements despite a claim for return of advance payment of the secured creditor, and if any of the following causes overlap, it shall be based on the first cause:

Reasons for returning advance payments -

1. The principal debtor's current account transaction suspension, the base date - the performance guarantee creditor (the plaintiff and the "guarantee creditor") under Article 4 (1) as of the date of suspension of current account transaction (the approximate) shall notify the principal debtor of the occurrence of a guarantee accident, and shall submit the following documents along with the documents claiming the deposit at the time of the request for the deposit:

(A) The Mutual Association shall not pay the security deposit for the increased debt by delay by the guarantee creditor to the claim under paragraph (1) without any justifiable reason.

(b) Article 6 (Subrogation and Claims) ① When a union has paid a security deposit, it has the right to claim a reimbursement against the debtor, and the secured creditor shall exercise the right to the debtor to the extent that the interests of the secured creditor are not undermined.

(2) A guarantee creditor shall submit documents necessary to preserve or exercise the right under paragraph (1) and actively cooperate in the exercise of a right to indemnity.

(3) A guarantee creditor shall be a cooperative without justifiable reasons.

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