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1. The Defendant’s Policy of Policy of Performance (Advance payment) dated July 18, 201 (Securities No. 100-000-2011 027799) and September 28, 2011.
Reasons
1. The Defendant guaranteed the performance of the above contract on the ground that the Plaintiff failed to perform the contract for the construction of the computerized management system of this case concluded with us Co., Ltd. (hereinafter referred to as us), and paid insurance proceeds to us.
The Plaintiff, as the Plaintiff performed the above contract, filed the instant lawsuit seeking confirmation that the Plaintiff did not bear the obligation to pay the amount of indemnity to the Defendant, even if the Defendant did not have the obligation to pay the amount of indemnity to us.
2. Fact-finding;
A. On July 18, 201, the Plaintiff and South Korea, Inc. entered into a system building agreement (the instant contract) with the Plaintiff and South Korea, Inc., with the content that the Plaintiff completed the “construction of the insurance expense estimate program of South Korea,” the “construction of the insurance expense program of South Korea,” and that the Plaintiff would receive remuneration from South Korea.
B. On July 18, 201, the Plaintiff issued the Defendant’s performance guarantee insurance policy with the Defendant, as the insured on July 18, 201, paid 63,00,000 won of insurance coverage amount, from July 18, 201 to December 17, 201, the insurance period of which was from July 18, 2011 to December 17, 201, the amount of advance payment guarantee, special engineer: the Defendant’s performance guarantee insurance contract with the Defendant, issued a performance (advance payment) guarantee insurance policy with the Defendant, and submitted it to us. On July 20, 201, us paid 69,30,000 won (63,000,000 won as contract deposit) to the Plaintiff.
On September 28, 2011, the Plaintiff concluded a guarantee insurance contract with the insured status of Korea, stating that “25,200,000 won in the amount of insurance coverage, from September 28, 201 to December 17, 2011, the content of the guarantee: a advance payment guarantee, and an intermediate payment, which is expected to be paid after September 28, 201, shall be guaranteed by the Defendant,” and issued a guarantee insurance policy with the Defendant.