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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant A entered into a contract on the board and the smoking construction among C Facility Construction Co., Ltd. (hereinafter “instant contract for construction”) with another Construction Co., Ltd. by determining the construction cost of KRW 481,800,000, and the construction period from July 11, 2011 to November 30, 2011.
B. At the time of the instant construction contract, Defendant A agreed to submit the guaranty insurance policy issued by the guarantee agency to South-Nam Construction Co., Ltd. in order to guarantee the implementation of the instant construction contract. To this end, the insurance period from July 6, 2011 to November 30, 201 between the Plaintiff and the Plaintiff as the insurance period from July 6, 2011, and Defendant A Co., Ltd did not perform its obligations or obligations under the instant construction contract within the said insurance period without justifiable grounds, and if the occurrence of the insurance event occurs due to the Plaintiff’s failure to perform its obligations or obligations under the instant construction contract within the said insurance period, the Plaintiff would compensate the Plaintiff for the damages within the limit of KRW 96,360,00,000, which is the purchase amount of the insurance. In this case, Defendant A Co., Ltd. paid the insurance money paid to the Plaintiff and its delayed interest rate in general loans in commercial banks (hereinafter “instant guarantee insurance contract”). Defendant B concluded a guarantee insurance contract (hereinafter “instant guarantee insurance contract”).
[Ground of recognition] Facts without dispute, Gap evidence 1 and 3 (including branch numbers, if there are branch numbers; hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. From March 2012, the Plaintiff asserted 1’s assertion by the parties, Defendant A Company discontinued construction from around March 2012 to the Plaintiff, thereby causing damage exceeding the insurance amount due to the remaining construction works, and the Plaintiff filed a claim for insurance payment under the instant guarantee insurance contract. Accordingly, the Plaintiff filed a claim with the Southern Construction Co., Ltd. on August 27, 2013.