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(영문) 서울중앙지방법원 2015.01.13 2014가합34732
이행보증보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 물품공급계약의 체결 1) 원고는 2013. 5.경부터 주식회사 빙고네트웍스(이하 ‘소외 회사’라 한다

(2) On January 27, 2014, the Plaintiff and Nonparty Company drafted a contract for supply of goods with the content that the Plaintiff would supply 153,300,000 won at the same time as the Plaintiff entered into the contract, if the Plaintiff paid 152,188,444 won to Nonparty Company for the pre-paid portion of the pre-paid amount to Nonparty Company. 2) On January 27, 2014, the Plaintiff and Nonparty Company drafted a contract for supply of goods with the content that the Non-Party Company would supply 153,30,000 won to Nonparty Company from January 27, 2014 to February 28, 2014.

(hereinafter “instant commodity supply contract”). B.

On January 27, 2014, in order to guarantee the return of advance payment under the instant goods supply contract, the non-party company and the Defendant concluded a performance guarantee insurance contract with the Plaintiff, the insured, the purchase amount of insurance amount of KRW 153,30,000, and the insurance period from January 27, 2014 to February 28, 2014.

(hereinafter “instant guarantee insurance”. The Defendant issued the guaranty insurance policy under the said contract, and among which, the content of the principal contract was indicated as follows:

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Plaintiff’s assertion 1) The Plaintiff and Nonparty Company decided to substitute KRW 152,188,444, which had already been paid in the course of the existing transaction, for the price of the goods to be paid in advance pursuant to the instant goods supply contract. Thereafter, the Plaintiff and Nonparty Company did not supply the goods under the instant goods supply contract, and the obligation to return the advance payment was incurred, and this constitutes damages to be compensated by the instant guaranteed insurance, and the Defendant is obligated to pay the Plaintiff the insurance amount equivalent to KRW 152,188,444,00. 2) The Defendant is the guaranty insurance policy of this case.

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