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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. Aid by intervention from among the total costs of the lawsuit.
Reasons
1. The summary of the plaintiff's assertion by the plaintiff and the plaintiff's supplementary intervenor is that the defendant supplied the plaintiff's supplementary intervenor with the plate-processed machine discount, and the defendant decided to guarantee the defect bond under the supply contract as a guarantee insurance.
Accordingly, the Defendant concluded a guarantee insurance contract between the Plaintiff who runs the guarantee insurance business and the Plaintiff (hereinafter “instant guarantee insurance contract”) and paid the insurance premium from October 30, 2012 to October 30, 2013, with the insurance coverage amounting to KRW 14,60,000, and the insurance coverage period from October 30, 2012 to October 30, 2013.
However, there was a defect in the horizontal minging machine among the minging machines supplied by the Defendant (hereinafter “instant machine”). The Intervenor requested the Defendant to repair the defect, but the Defendant failed to comply with the request. At the request of the Intervenor, the Plaintiff paid KRW 14,600,000 to the Intervenor, and the said money was used as the repair cost of the instant machine.
In addition, according to the guarantee insurance contract of this case, the defendant is obliged to pay the insurance money and overdue interest as stipulated in the above contract to the plaintiff.
2. The judgment bond is the money of the nature that guarantees the Defendant’s performance of the obligation to repair defects, so payment should be made within the scope of the nonperformance of the obligation to repair defects.
Therefore, if the Plaintiff paid to the Plaintiff’s Intervenor as to the part beyond the above scope, it cannot be claimed to the Defendant.
According to the testimony of Gap's evidence 6-1, 2, and Gap's evidence 8, Gap's evidence 1, and 3, and witness Eul's testimony, the defendant supplied the plaintiff's supplementary intervenor with the plate-processed machine discount, among which the defendant supplied the plaintiff's supplementary intervenor, the time setting speed is high in the machinery of this case.