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Reasons
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(영문) 대구지방법원포항지원 2016.06.14 2015가단303971
보험금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 5, 2013, the Plaintiff was awarded a contract for the instant construction work for coal-using SNG production plant Heow & B/C (hereinafter “instant construction work”), and subcontracted construction cost of KRW 1,812,00,000,000 to the UNN Co., Ltd. (hereinafter “SN”) on June 5, 2013.

(hereinafter “instant contract”). (b)

On June 11, 2013, the United Nations concluded the instant guarantee insurance contract with the Defendant as the principal contract, from June 11, 2013 to November 20, 2013, and from June 11, 2013 to November 20, 2013, the Plaintiff paid KRW 362,560,000 in advance to the United Nations, after receiving the instant guarantee insurance contract from the United Nations.

C. The Plaintiff, U.N., supplied the first supply portion of the instant construction to the Plaintiff by July 31, 2013, which was the first supply date of the instant construction work, and claimed the amount of the first supply construction work to that effect. However, on August 31, 2013, the second supply date, the U.N. employees of U.N. did not stop the instant construction work and supply the second supply portion at the wind where they occupy a factory.

Accordingly, on September 5, 2013, the Plaintiff and United Nations agreed to terminate the instant contract, and drafted a mutual performance agreement with the following contents (hereinafter “instant agreement”). Accordingly, the Plaintiff paid KRW 152,735,79 to the United Nations on September 6, 2013.

1. Since the implementation of the instant contract is delayed due to the circumstances of the United Nations, parties to the instant contract agree to terminate the instant contract.

2. As a result of the termination of the instant contract, the Plaintiff’s collection of the goods currently being produced by the United Nations (193 tons) and the Plaintiff’s delivery of the goods is responsible for the removal of the goods.

3. Provided, That the shipment process shall be 193 tons.

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