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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. The Plaintiff is a subsidiary company of the Korean Livestock Farming Association, which runs a local industry manufacturing business.
On July 28, 2010, the Plaintiff entered into a contract to be supplied with money or by-products from the Large Food Co., Ltd. (hereinafter “Large Food”) (hereinafter “instant supply contract”), and paid contract deposit of KRW 200,000,000 (hereinafter “instant contract deposit”) to large food, and traded an amount equivalent to the amount supplied with goods from large food as the said contract deposit by deducting the amount from the said contract deposit.
With respect to the contract period, the contract period shall be two years from the contract date, and the renewal contract shall be in principle automatically extended (in the case of termination, one month before the contract termination date, and if there is no notification, it shall be considered to be an automatic extension).
B. On July 29, 2010, the Defendant concluded a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the insured amount of KRW 200,000 from July 29, 2010 to July 28, 2012 in order to guarantee the performance of the obligation to refund KRW 200,000,000 as the instant contract deposit and the instant contract deposit, and provided the Plaintiff with the guaranty insurance (the guarantee insurance contract number of KRW 100-00-2010 to 4514).
The general terms and conditions of the instant guaranteed insurance contract include the following:
Article 1 (Compensation for Loss) The defendant company shall pay for the loss sustained by the insured who is the obligee, due to the failure of the policyholder, as the obligor, to perform the obligation set forth in the contract stated in the insurance policy (referred to the obligation the performance date of which is within the insurance period) and in accordance with the terms and conditions of this Policy.
Article 4 (Claims for Insurance Money) (1) If an insured event occurs, the insured shall notify the defendant without delay and shall claim insurance money to the company with relevant documents.
C. The Plaintiff on August 31, 2012