보증금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. The following facts are acknowledged, either as a matter of dispute between the parties, or as a whole, as to Gap evidence 1 to 5 (if any, including the number; hereinafter the same shall apply), Eul evidence 1 to 3, Eul evidence 1 to 11, and as a result of the fact-finding conducted by the court of first instance with respect to the remaining company of the Gyeongnam company of the court of first instance.
1) On March 2, 2014, the Plaintiff is a Simnam Enterprise Co., Ltd. (hereinafter “Gumnam Enterprise”) (hereinafter “Seoul”)
A) The Public Procurement Service orders between the Public Procurement Service and the Public Procurement Service (hereinafter “instant construction”) and the Public Procurement Service (hereinafter “instant construction”) among “the construction works of the Public Manpower Center,” which is a procuring entity by the Joint Defendant and Korea Railroad Technology Institute of First Instance.
(2) On April 30, 2014, with respect to the obligation to pay the subcontract price to the Plaintiff of the Gyeongnam Enterprise for the instant construction project, the subcontract was concluded between March 2, 2014 and August 14, 2015. On August 15, 2014, the Gyeongnam Enterprise entered into a contract for the change of the construction price of KRW 942,590,000. (2) On April 30, 2014, the Gyeongnam Enterprise entered into a guarantee contract for the payment guarantee of subcontract price (hereinafter “instant guarantee contract”) with the Defendant to the end of the period from April 1, 2014 to November 12, 2015.
3) From May 20, 2014 to March 3, 2015, the Korea Railroad Technology Institute paid 8,377,083,00 won in total, on six occasions, to Gyeongnam companies. Among them, the Plaintiff paid 8,377,083,00 won in total, on April 20, 2014; 290,40,400 won in total, on June 30, 2014; 123,607,000 won in total; 151,80,000 won in total, on December 29, 2014; 207,000 won in total, on June 30, 2014; 123,607,00 won in total, 15,000,000 won in total; 1,046,507,07,007,000 won in total; 207.4,07,747.