1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 17, 2016, the Defendant entered into a supply contract with the Plaintiff to purchase the scrap scrap from the Plaintiff and supply it to Nonparty LSMn Co., Ltd. (the total amount of KRW 300 million and the contract period from August 17, 2016 to February 16, 2017).

B. According to Article 7 of the above supply contract, in order to guarantee the performance of the contract by each delivery unit, the Plaintiff shall submit the contract bond to the Defendant before the payment date by cash or letter of guarantee, etc., and the Plaintiff received the performance guarantee insurance policy (contract) in the attached list from the Seoul Guarantee Insurance (contract amounting to KRW 33,00,000) and submitted it to the Defendant according to the above contract terms.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff failed to comply with the payment period under the supply contract due to the defendant's mistake, the liability for failure to contract exists to the defendant, and therefore, there is no claim secured by the surety insurance policy as stated in the attached list. However, there is no evidence to prove that the plaintiff's assertion is responsible for the defendant's default.

Therefore, the plaintiff's assertion cannot be accepted.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.