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1. All of the plaintiffs' lawsuits against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiff A is an individual entrepreneur who is engaged in trade business in the trade name of E, and the plaintiff B is a person who actually runs the above E.
B. On April 2, 2012 and April 16, 2012, Plaintiff A entered into a foreign capital purchase agreement with the Korea Food and Drug Corporation (hereinafter “Korea Food and Drug Corporation”) on behalf of an overseas supplier, with the Plaintiff to supply Non-GM 500 tons, middle class 1,000 tons, middle class 1,000 tons of conflict, and class 1,000 tons of foreign capital purchase agreement (hereinafter “the instant bean or bean”) to Nonparty Corporation on behalf of an overseas supplier.
(hereinafter “each contract of this case”). (c)
Plaintiff
A submitted a contract guarantee insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) to the Non-Party Corporation to guarantee the performance of each of the instant contracts.
According to each of the contracts of this case and each of the contracts of this case, it is required to verify the dignity of the Congo before its shipment in order for it to be distributed in Korea. As such, Defendant D, an employee of the Korea Maritime Affairs and Testing Corporation, who is an employee of the Defendant C, who is an employee of the Non-Party Corporation, conducted an assessment of the dignity of the Congo in China and an assessment of its origin rate in the presence of the Defendant C, who is an employee of the Non-Party Corporation, and submitted it to the Non-Party D each of the documents as indicated in the separate sheet No. 1, 2, and 3 (hereinafter “each of the documents of this case”) around June 9, 2012.
E. Based on the content of each of the documents of this case, the non-party Corporation decided that the Congo was disqualified on the ground that all of the survey of its dignity and the test of its origin did not meet the standard value for shipment. Accordingly, the non-party Corporation terminated each of the contracts of this case and filed a claim for payment of the performance bond against the Seoul Guarantee Insurance.
[Ground for recognition] A.