beta
Text
1. The plaintiffs' selective claims added to the plaintiffs' appeal and the trial are all dismissed.
2. Appeal;
Reasons
1. Basic facts
A. A. Around July 2007, the Defendant issued a public notice of an urgent bid price for the procurement commodities with the content that the Defendant would purchase block belts or 24,170 blocks to be used by the National Police Agency, with an estimated price of KRW 679,863,482 (excluding value-added tax).
B. On August 10, 2007, Plaintiff B participated in the said bidding of KRW 617,299,99,990 and won awarded the contract, and submitted to the Defendant a contract with the Defendant on September 30, 2007, under which the contract amount is KRW 617,29,99,90 and the delivery period is to be delivered to the National Police Agency (hereinafter “instant purchase contract”). To guarantee the performance of the instant purchase contract, Plaintiff B entered into a purchase contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), and submitted the guarantee insurance policy with the Defendant under a contract with the Defendant as the guarantee creditor from August 10, 2007 to September 30, 2007.
C. The plaintiff B did not deliver the goods until September 30, 2007, the delivery deadline. The defendant urged the plaintiff B to perform the purchase contract of this case four times from October 30, 2007 to November 29, 2007, but the plaintiff B did not perform the purchase contract of this case on December 6, 2007 and paid the contract deposit of 61,729,990 won from the Seoul Guarantee Insurance on March 10, 2008 and reverted to the National Treasury.
Seoul Guarantee Insurance Co., Ltd. claimed reimbursement against Plaintiff B, and Plaintiff C, the land of Plaintiff B, subrogated for KRW 61,950,250 to Seoul Guarantee Insurance Co., Ltd on February 27, 2008.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 6, 12, Eul evidence 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. Summary 1 of the Plaintiffs’ assertion 1) The Plaintiffs were not able to perform the Defendant’s obligation to supply the government-funded raw materials or to pay the advance payment under the instant purchase agreement on the grounds as follows. Therefore, the Plaintiffs were not able to perform the obligation.