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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Co., Ltd., which entered into the instant agreement and a guarantee insurance contract (hereinafter referred to as “DStech”) is a company engaged in medical equipment, manufacturing and selling cosmetics, and the Plaintiff is a public institution established pursuant to the Industrial Cluster Development and Factory Establishment Act for the purpose of conducting projects for the development and development of industrial complexes, competitiveness enhancement projects through funding support for occupant enterprises, etc.
In accordance with the Industrial Technology Innovation Promotion Act and the Enforcement Decree thereof, the Plaintiff entered into an agreement on the support project for manufacturing products, which provides that the implementation period shall be from May 15, 2014 to August 31, 2014; and that the Plaintiff’s implementation period shall be from May 15, 2014 to August 31, 2014; and that KRW 35 million,000,000,000,000, out of the total project cost of the development of a product manufactured in light of optical-unsealed vessel, shall be determined as the implementation period shall be from May 15, 2014 to the date of August
(2) Around May 15, 2014, the term “instant agreement” (hereinafter “instant agreement”). Around May 15, 2014, E.S. entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Defendant, under which the instant agreement (from May 15, 2014 to August 31, 2014) was entered into with the Plaintiff, the insured, the purchase price of the insurance amount of KRW 35 million, the insurance period of the instant agreement from May 15, 2014 to January 31, 2015 (hereinafter “instant guarantee insurance contract”), and the main terms and conditions applicable to the said guarantee insurance contract are as follows:
Article 6 (Compensation for Damages) A company (Defendant) fails to perform the obligation (limited to the obligation within the insurance period) set forth in the contract (hereinafter referred to as "main contract") entered in the insurance policy by a contractor (Defendant) who is the debtor, and thereby, compensates for the loss suffered by the insured (Plaintiff) who is the creditor, in accordance with the terms and conditions of the insurance policy.
Article 7 (Payment of Insurance Money) (1) Insurance money to be paid by a company shall be stipulated in the principal contract.