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(영문) 서울고등법원 2015.07.02 2014나2044138
보증금지급채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A. 1) On March 13, 2013, the Defendant entered into a contract for the performance of the public sale of the right to import of the Congo (hereinafter referred to as “general bean”)

(3) The 10,000 tons of TR Q Qu (TRQs under the FTA) import rights public sale procedures were conducted (hereinafter “the instant bean” subject to the instant public sale

(2) The Plaintiffs, who participated in the above public sale procedure and won a successful bid, concluded a performance contract with the Defendant as shown in the attached list (hereinafter “each performance contract of this case”), and entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd., and submitted it to the Defendant to perform the obligation to pay the performance bond.

3) According to each performance contract of the instant case, the Plaintiffs shall import the entire quantity of the contract until the implementation period, and if the Plaintiffs fail to import the entire quantity of the bid price, the entire performance bond paid by the Plaintiffs shall belong to the Government Fund. (b) The Defendant’s insurance management of the Congo 1) imported the Republic of Korea bean 80 tons for cultivating bean products from the instant bean, separately from the instant bean.

However, there was a phenomenon in the inside of the container of the 1,300 tons of the Republic of Korea (hereinafter “the Congo”), which was imported and kept in custody, thereby damaging the bean of this case.

2) On March 7, 2013, the Defendant: (a) Hyundai Marine Fire Insurance Co., Ltd., a transferee of marine cargo insurance at sea with respect to 800 tons of the bean (hereinafter referred to as “port marine fire insurance at sea”); (b)

(2) On March 8, 2013, the agency responsible for the registration of a creditor agency was sent to the person responsible for the registration of a creditor agency. On March 12, 2013, the agency responsible for the registration of a creditor agency was sent to the competent agency for the registration of a creditor agency, and on March 18, 2013, the Defendant sent the agency responsible for the registration of a creditor agency with regard to the remaining 50 tons of the Congo, and issued survey re-reports by checking defects through an adjuster on March 18, 2013.

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