1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Plaintiff’s assertion

On June 23, 2017, the Defendant concluded a performance guarantee insurance contract with the Defendant’s Intervenor, etc. as the insured.

On June 27, 2017, the Plaintiff trusted the above performance guarantee insurance contract concluded by the Defendant and paid KRW 80 million to the Defendant’s Intervenor.

The plaintiff filed a claim against the defendant on September 5, 2017, but the defendant refused to pay the insurance proceeds (security deposit) to the defendant. Thus, the defendant is obligated to pay the insurance proceeds (security deposit) and delay damages to the plaintiff.

Judgment

If Gap evidence Nos. 1 and 2 reveals the purport of the entire argument, it is acknowledged that the defendant entered into a guarantee insurance contract with the plaintiff, the purchase amount of insurance to KRW 80,00,000, and the insurance period from June 23, 2017 to August 30, 2017 (hereinafter “instant guarantee insurance contract”), and accordingly issued the guaranty insurance policy.

However, as long as there is no assertion or proof of the occurrence of an insurance accident stipulated in the instant guarantee insurance contract, the fact of recognition alone does not create an insurance claim (security deposit) under the instant guarantee insurance contract.

The plaintiff's assertion is without merit without further determination.

(2) The plaintiff's claim of this case is dismissed, and it is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.