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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 25, 2016, the Intervenor entered into a construction contract (hereinafter “instant contract”) with the Plaintiff on August 25, 2016 with respect to the construction work of constructing officetels and housing on the land surface (hereinafter “instant construction work”).
A) The name of the construction work of Plaintiff B (project owner) 1: Ftel and New Housing Construction 2: the construction cost of KRW 3 in Macheon City, Macheon-si: the supply price of KRW 880,000 (Won 880,000,000): Won 80,000,000 (Won 800,000): The construction period of KRW 2,000 (Won 80,000) shall be completed from September 10, 2016 to 140 days from the commencement date of construction. Article 6 shall be completed from the commencement date of construction until 140 days from the commencement date of construction on September 10, 206.
A person shall be appointed.
B. On August 29, 2016, the Plaintiff entered into a performance guarantee insurance contract (contract) as indicated in the attached list with the Defendant (hereinafter “instant guarantee contract”).
The terms and conditions of the above guarantee agreement relating to the instant case are as follows.
Article 1 (Compensation for Loss) An insurance company shall indemnify for the loss suffered by the insured who is a creditor, in accordance with the terms and conditions of the insurance policy, because the policyholder, who is the debtor, fails to perform the obligation stipulated in the contract stated in the insurance policy.
C. On August 31, 2016, the Intervenor paid KRW 80,000,000 to the Plaintiff the down payment of the instant contract.
Although the Plaintiff entered into the instant contract, it was impossible to carry out the instant construction work without a comprehensive construction license, and was not in fact failed to directly carry out the instant construction work. The Intervenor’s Intervenor, on January 5, 2017, terminated the instant contract on the ground that the instant construction work was suspended to the Plaintiff.