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(영문) 서울중앙지방법원 2015.12.09 2014가단5328220
보험금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On October 8, 2012, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract for the supply of goods (hereinafter “instant contract”) with Lan Government OD (e.g., liquid size and sea level: 2.8/320 x 240 x 240, hereinafter “video fence”) to supply KRW 155 million to the Plaintiff (hereinafter “instant contract”).

B. Pursuant to the instant contract, Defendant B received KRW 46.5 million as down payment on October 23, 2012, and the intermediate payment of KRW 49.8 million on January 3, 2013.

C. On October 9, 2012, Defendant B entered into a guarantee insurance contract, “the Plaintiff and the insured amount: KRW 46.5 million: the insurance period: from October 9, 2012 to December 8, 2012; the content of the guarantee: A guarantee insurance contract, which is an advance payment guarantee under a supply contract, (i) the performance guarantee (i.e., an advance payment guarantee); (ii) January 2, 2013; (iii) the insured: the Plaintiff and the insured amount: KRW 46.5 million; (iv) the insurance period: from January 2, 2013 to March 8, 2013; and (iv) the content of the guarantee agreement: an advance payment guarantee under a supply contract.”

[Reasons for Recognition] Unsatisfy, Gap 1 to 3 evidence, Eul 1 to 3 evidence, and the purport of the body before oral argument

2. The plaintiff and defendant B's assertion

A. Plaintiff 1) The Plaintiff sold 60 copies of the “C” book to the customer, and the customer’s display video (hereinafter “instant video”).

(2) At the time, in order to put the instant videos into the video fence, it was necessary to make a separate editing work in order to put the instant videos into the video fence, and Defendant B did not properly perform the editing work, even though Defendant B was responsible for handling all of the editing work, by deciding that the said videos would be competitive if they were sold together with the books containing the images in the video fence.

Therefore, the above video is inevitable to the defendant B's introduction.

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