지급보증금 청구
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. (1) On November 2, 2012, the Plaintiff entered into a prime contract. (80% of the equity ratio as a representative director, and hereinafter “A”)
(2) The joint contractors (hereinafter referred to as the “joint contractors of this case”) consisting of the joint contractors (hereinafter referred to as the “joint contractors of this case”) in the manner of joint performance, consisting of the joint contractors (10%) of the Young Telecommunication Co., Ltd.
Corporation B (hereinafter referred to as “instant Corporation”)
(1) A contract for construction work under the terms and conditions that the construction cost was set at KRW 9,078,368,000, and the construction period was set at between November 5, 2012 and December 31, 2014 (hereinafter “instant contract”).
(2) The instant prime contract was concluded by means of continuing expenditure contract under the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”). The annual construction cost was KRW 25 million in 2012, KRW 4.6 billion in 2013, KRW 4.6 billion in 2013, and KRW 4,453,368,00 in 2014.
B. On May 25, 2013, A and A agreed to enter into a subcontract agreement with the Plaintiff on May 25, 2013, and A agreed to enter into a subcontract with C Co., Ltd. (hereinafter “C”) for the construction cost of the instant construction-unit telecommunications equipment and facilities at KRW 2,541,943,000, and sought approval therefor. The Plaintiff approved it on June 25, 2013.
C. 1) The Plaintiff, while paying advance payment for the portion of the instant construction project for the year 2012 among the instant construction works, had the instant construction project progress without paying the advance payment. On December 28, 2012, the Plaintiff paid the instant joint contractor the construction cost of KRW 25 million for the portion of the construction project for the year 2012. (2) On February 8, 2013 and June 27, 2013, the Plaintiff paid the instant joint contractor KRW 2.76 billion for the advance payment for the construction project for the year 2013 among the instant construction works, but the instant construction project was delayed due to the failure to complete the preceding process.
Accordingly, on December 12, 2013, the Plaintiff and the instant joint contractors shall pay the construction cost for the year 2013 construction work. 167 million won.