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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal are assessed against the principal office.
Reasons
1. Basic facts
A. A. Around March 16, 2011, the clan B (hereinafter “foreign clan”) entered into a PE service contract (hereinafter “instant service contract”) with the Non-Party Company, stating that the non-Party clans will contract the non-Party Company for the services for authorization and permission, such as a gathering of the land located in Gwangju City, a lawful facility establishment plan, and an access road plan. At that time, the Non-Party Company paid the down payment of KRW 140,00,000 to the Non-Party Company.
B. On March 31, 2011, the Defendant concluded an advance payment performance guarantee insurance contract (hereinafter “the instant guarantee insurance contract”) with the non-party company for KRW 140,00,000,00 that the non-party company should return to the non-party clan if the non-party company fails to perform its obligation under the instant service contract. From April 4, 2011 to March 30, 2012, the insured non-party clan and the insured non-party clan from April 30, 201 to March 30, 2012.
On the same day, the Plaintiff, the representative director of the non-party company, guaranteed the Defendant the indemnity liability owed by the non-party company to the Defendant under the instant guarantee contract.
C. On February 28, 2012, the non-party company added part of the scope of business of the non-party company pursuant to the instant service contract with the non-party clan, and entered into a special agreement with the non-party company to return the service fees received until the termination of the instant service contract.
D. On March 22, 2012, Nonparty Company prepared a “Agreement on the Extension of the PM service contract” with Nonparty clan and extended the instant service contract period to March 21, 2013. On the same day, the insurance period from April 4, 2011 to March 30, 2012, “from April 4, 2011 to March 30, 2012” was extended from April 4, 201 to March 30, 2013.
The plaintiff is extended against the defendant on the same day by the non-party company.