계약이행보증금 청구의소
1. The Defendant’s KRW 13,00,000 for the Plaintiff and 6% per annum from June 26, 2014 to December 23, 2016.
1. Basic facts
A. On March 28, 2013, the Plaintiff newly constructed an officetel (hereinafter “instant officetel”) with the name of “Saegly” (hereinafter “instant officetel”) in the Seo-gu, Seo-gu, Incheon. On March 28, 2013, the Plaintiff entered into a contract for construction works (hereinafter “instant subcontract for construction works”) with Non-Party Samduk Construction Industry Co., Ltd. (hereinafter “Seoul Metropolitan Construction Industry”) by setting the construction cost of the instant officetel as KRW 2,816,00,000 (including surtax) and the construction period from March 28, 2013 to November 30, 2013.
However, the construction period under the subcontract agreement with the plaintiff on November 12, 2013 was extended until January 29, 2014, as the Samduk Construction Industry fails to comply with the construction period.
B. On April 5, 2013, the Samduk Construction Industry entered into a guarantee agreement (hereinafter “instant guarantee agreement”) with the Defendant, setting the guarantee amount of KRW 281,600,000 as well as the guarantee period from March 28, 2013 to November 30, 2013 with respect to the performance of the instant construction agreement, and issued the contract guarantee certificate with the Plaintiff as the guarantee creditor.
After that, the above A.
As the construction period has been extended as described in the paragraph, the guarantee period was extended until January 29, 2014 by the agreement between the Samduk Construction Industry and the defendant on November 15, 2013.
C. Meanwhile, the Samduk Construction Industry did not complete the construction of the instant officetel by January 29, 2014, and eventually caused the said new construction work to be completed.
Accordingly, after paying the construction cost up to that point, the Plaintiff entered into a subcontract with Nonparty 1,486,100,000 (including additional taxes) for the remaining portion of the construction work between March 3, 2014 and May 15, 2014, with respect to the construction cost up to March 3, 2014 (including additional taxes) and Nonparty 1,50,40,400,000 (including additional taxes) for the said construction contract on May 15, 2014, respectively.