1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 28, 2013, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) concluded a performance guarantee insurance contract (hereinafter “instant insurance contract”) with the insured as the period of coverage from April 1, 2013 to March 31, 2015 in order to guarantee the performance of credit goods payment obligations to A and D Co., Ltd. (hereinafter “D”).

B. The instant insurance contract provides that where the Seoul Guarantee Insurance Co., Ltd. (hereinafter “insurance accident”) pays insurance money to D Company due to a failure of A to perform its obligation or obligation to D Company (hereinafter “insurance accident”), A shall immediately repay the amount equivalent to the insurance money paid by the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.), and if delay is paid, it shall be paid by adding damages for delay according to the rate of delay damages publicly notified

In addition, in the event of an insurance accident, there is no prior notice or peremptory notice from the Seoul Guarantee Insurance Co., Ltd., but the Seoul Guarantee Insurance Co., Ltd. bears the prior indemnity obligation.

C. On February 4, 2015, A around November 2014, 2015, as a guarantee accident of which the amount of KRW 93,453,983,981 was not paid for the food materials of KRW 43,986,639, and KRW 49,467,342, the total amount of the food materials of KRW 49,467,342, etc. on December 2014, D Company filed an insurance claim with the Seoul Guarantee Insurance Co., Ltd. on February 13, 2015, and Seoul Guarantee Insurance paid KRW 93,453,981 to D Company on March 10, 2015.

The rate of delay damages publicly notified by the Seoul Guarantee Insurance at the time is 6% per annum from the date following the payment date of insurance money to the 30th day, 9% per annum from the 31st to the 90th day, and 15% per annum from the 90th day.

On the other hand, A, on November 5, 2014, sells real estate listed in the separate sheet with the Defendant (hereinafter “instant real estate”) (hereinafter “instant sales contract”).