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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. A. Around November 28, 2011, the Non-Party Busan Co., Ltd. (hereinafter “Masan”) entered into a contract with the Defendant on the condition that the Defendant would deliver the Lone Star Processing Device to the Defendant in the amount of KRW 75 million (hereinafter “instant contract”).
B. On December 5, 2011, macrosan entered into a guarantee insurance contract with the Plaintiff on December 7, 201, in order to guarantee the obligation to return advance payment under the Radoer air supply contract entered into with the Defendant, the insured was the Defendant and the insurance period from December 7, 2011 to January 6, 2012, with the purchase price of KRW 75 million (hereinafter “instant guarantee insurance contract”) and issued a guarantee insurance contract. Mansan entered into the guarantee insurance contract with the purchase price of KRW 75 million (hereinafter “instant guarantee insurance contract”). The said guarantee insurance contract entered into the said guarantee insurance contract with the Plaintiff in good faith to perform the obligation guaranteed by the Plaintiff and thereby not inflict damages on the Plaintiff, and if the Plaintiff paid the insurance money, the insurance money shall be immediately compensated, and if so, the damages for delay shall be paid in addition to the damages for delay determined by the Plaintiff.
C. After that, the Defendant paid the price of KRW 75 million in advance to Swelsan. Although Swelve had to supply the said machine to the Defendant by the scheduled period, the repair of the said machine was not completed, and a reasonable period was required for repair. On February 14, 2012, the Defendant requested the Defendant to temporarily use Samsung Razer Co., Ltd. (hereinafter “instant machine”) used in the Swelve plant (hereinafter “instant machine”) until the completion of repair. On February 17, 2012, upon obtaining the Defendant’s consent, the instant machine was relocated and installed at the Defendant’s factory located in Seongbuk-gu, Sungwon-si.
The defendant does not normally operate the instant machinery, and even if it is operated, the cutting work is not properly performed, and thus, the plaintiff puts the Rayman processing machine into the Rayman processing machine around March 26, 2012.