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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 13, 2014, the Plaintiff entered into a subcontract (hereinafter referred to as “instant subcontract”) with respect to the construction cost of KRW 327,800,000, and the construction period of works from November 14, 2014 to February 13, 2015, with respect to the lower structure of the permanent facilities located outside two territorial sea stations, other than a big road, as well as the production and transport of saves (hereinafter “instant construction”). On November 28, 2014, the Plaintiff paid KRW 90,000,000 to the fish industry.
B. The parts pertaining to this case in the instant subcontract are as follows.
Article 22 (Advance Payment) (1) A (referring to the plaintiff; hereinafter the same shall apply) shall pay advance payment to B (referring to the fish industry; hereinafter the same shall apply), as stipulated in the contract.
(3) A person who intends to receive advance payment shall submit to A a certificate falling under any subparagraph of Article 23 (1).
(5) An advance payment shall be settled by the following formula whenever the price for a completed portion is paid:
(6) After the completion of use of advance payment, Eul shall submit a statement of use to Gap, and return it at the time of use for any purpose other than the purpose of use.
Article 23 (Defect Security) (1) After completion inspection, Eul shall pay the amount calculated by multiplying the contract amount by the rate of the warranty bond specified in the contract amount, to Gap by cash or any of the following certificates until the price for the construction is paid:
2. Surety insurance policy;
C. On November 17, 2014, the skin industry entered into a guarantee insurance contract with the Defendant (hereinafter “instant guarantee insurance contract”) with regard to the foregoing advance payment, setting the period from November 14, 2014 to February 13, 2015 as the insured, the amount of insurance coverage of KRW 90,00,000,00, and the insurance period from November 14, 2014 to the insured, and submitted the said securities to the Plaintiff.
Of the general terms and conditions of the Guarantee Insurance Contract, this case.