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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against Nonparty B with the Seoul Central District Court 2016Gahap53640, and on November 25, 2016, the above court rendered a judgment that “B shall jointly and severally pay to the Plaintiff 62,073,000 won and its amount to the Plaintiff as KRW 62,073,00,00 per annum from April 12, 2014 to May 11, 2014; 9% per annum from the next following day to July 10, 2014; 15% per annum from the next day to December 31, 2015; and 12% per annum from the next day to September 28, 2016; and 15% per annum from the next day to the date of full payment (hereinafter referred to as “instant judgment”). The judgment became final and conclusive as follows.”
(2) In addition, on July 7, 2016, the Plaintiff filed a claim for reimbursement against B with the Seoul Central District Court 2016Da9313, and on July 7, 2016, the said court rendered a judgment that “B shall jointly and severally pay C Co., Ltd. and the Plaintiff 152,20,000 won with 184,287,095 won, and 152,200,000 won with 12% per annum from January 1, 2016 to April 4, 2016, and 15% per annum from the next day to the date of complete payment.” The said judgment became final and conclusive on July 27, 2016.
(hereinafter “instant case No. 2”) Nonparty C Co., Ltd. (hereinafter “C”)
2) The Defendant 1 and Nonparty 2 (hereinafter “Coul global”).
A) From the Plaintiff, the Plaintiff was awarded a subcontract for reinforced concrete construction among D-built construction works, and on July 18, 2013, the Plaintiff and the Plaintiff performed a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) to secure the payment of warranty bonds related to the said construction works.
B concluded the guarantee insurance contract of this case, and the above B guaranteed the debt owed to the plaintiff by C under the guarantee insurance contract of this case.
However, the global trend of the insured of the instant guaranteed insurance contract is as follows: (a) on July 13, 2015; and (b) August 23, 2016, for the reason that the performance of the repair of defects is impossible due to C’s default.