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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant A Co., Ltd. (hereinafter the Defendant Co., Ltd.) entered into a performance guarantee insurance contract (payment) with the Plaintiff (hereinafter each performance guarantee insurance contract of this case) for the liability for damages and the guarantee of payment of the sales price of tangible and wireless communications products under an agent and communications business contract of mobile communications business operators (hereinafter the instant agency contract) concluded with the insured Co., Ltd. (hereinafter the Defendant Co., Ltd.), and accordingly, the Plaintiff issued each performance guarantee insurance contract as listed in the attached Table.
Defendant B, Defendant B, on October 1, 2015, on September 30, 2015, 2011: (a) Defendant B’s Cwork on June 12, 2013, which is a joint and several surety of the insurance coverage amount for the insured; and (b) Defendant B, Defendant B, and C on June 11, 2014
B. According to each of the above insurance contracts, where the defendant company pays the insurance proceeds as a result of the occurrence of the insurance accident in violation of the instant agency contract, the defendant company shall pay it to the plaintiff immediately, but if delayed, the damages for delay shall be paid by adding the interest rate applied to delay damages publicly announced by the plaintiff to the total number of days per day after calculating the number of delayed days from the day following the date of the payment of the insurance proceeds
C. As to each of the above insurance contracts, Defendant B guaranteed the whole debt owed by Defendant B to the Plaintiff with respect to the insurance contracts Nos. 2.
C. C.C. 1,426,00,000,038 won was unpaid in violation of the instant agency contract by the Defendant Company. As to the Defendant Company, Seoul Southern District Court Decision 2014Gahap114696, the Defendant Company sought payment of the usage amount of KRW 1,426,00,038. The Plaintiff is the insurer who issued the performance guarantee insurance policy regarding the instant agency contract.