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1. The plaintiff's appeal is dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court 2019 Chicago20183, May 2019
Reasons
1. USD 500,000,000,000 on April 16, 2012, as of April 2, 2012, the due date for arrival of the scheduled date for shipment of water volume at the time when the basic fact is net, shall be USD 1,00,000,000 on April 16, 2012; and USD 1,000,000,000 on May 3, 2012, 2012;
A. The Plaintiff entered into three foreign capital purchase agreements with C and D with the following content (hereinafter “instant purchase agreement”). The instant purchase agreement stipulates that the Plaintiff and C and C shall comply with the decision of the Korea Commercial Arbitration Board in the event of a dispute between the Plaintiff and C and the Plaintiff.
B. In order to guarantee the payment of the performance bond under the instant purchase contract with the Plaintiff, the Defendant concluded a performance guarantee insurance contract with the Plaintiff, the Plaintiff, and the Insured C Corporation (hereinafter “instant performance guarantee insurance contract”) as indicated in the following table:
The instant guarantee insurance contract shall be paid to the Defendant, if the Plaintiff did not perform its duty to supply under the instant purchase contract, on an insurance amount equivalent to the contract deposit, and if the Defendant pays the above insurance amount, the Plaintiff shall pay the Defendant’s insurance amount in addition to the damages for delay publicly notified by the Defendant from the day after the date of payment of the insurance amount to the day of full payment, and on April 2, 2012 to August 15, 2012, approximately 1248,725 US$ 1248,725 in the instant purchase contract between April 12, 2012 and August 31, 2012.
C. Around April 2012, C&D refused to accept the Congo while performing the instant purchase contract on the part of the Plaintiff for the purpose of confirming the goods prior to shipment at the port of shipment. On the other hand, C&D decided that both bees and bees prepared by the Plaintiff failed to meet the quality standards set out in the instant purchase agreement.