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1. On November 23, 2009, the Plaintiff’s obligation to return a security under a guarantee insurance contract does not exist.
Reasons
1. Basic facts
A. On November 5, 2009, C University: (a) called “instant construction project” (hereinafter “instant construction project”); (b) bid was conducted by the lowest competitive bid around November 5, 2009; (c) the Defendant was awarded the instant construction project awarded at KRW 2,989,00,000 (73.89% of the projected price).
【Refund of Insurance Premiums】
1. The plaintiff shall return the insurance premium when any of the following events occurs with respect to the insurance contract of this case:
(2) Where a policyholder terminates this insurance contract after obtaining the consent of the insured or proving that the responsibility of the plaintiff has ceased to exist before an insured incident occurs.
3. The insurance premium to be refunded by a company shall be the amount calculated by deducting the transitional insurance premium from the already received insurance premium.
4. The above transitional premium shall be calculated as follows:
(1) When an insurance contract is terminated due to the termination of a policyholder's obligation stipulated in a main contract: When the insurance period begins to the date when the obligation stipulated in a main contract is extinguished by the date when the obligation provided for in a main contract is extinguished.
B. On November 23, 2009, the Defendant entered into a guarantee insurance contract (hereinafter “the instant guarantee insurance contract”) with the Plaintiff, setting the insured C University, insurance coverage amount of KRW 1,056,00,000, insurance premium of KRW 6,627,770, insurance period of KRW 6,770, and the Defendant’s obligation to pay the difference in the instant construction from November 23, 2009 to September 30, 2010 (312).
The main contents of the terms of the Guarantee Insurance Contract are as follows.
C. On November 23, 2009, the Defendant paid to the Plaintiff the insurance premium of KRW 6,627,770 under the instant guarantee insurance contract, and was issued by the Plaintiff a performance guarantee insurance policy.
The defendant is a party to the contract of this case.