선급금보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 21, 2015, the Plaintiff entered into a subcontract agreement with the Republic of Korea for construction works A located in the Republic of Korea. On July 23, 2015, the Plaintiff entered into between the first day construction company (hereinafter “the first day construction”) and the said construction works (hereinafter “the instant construction works”) with the construction company for the construction period of KRW 1,595,00,000 and the construction period of KRW 1,595,000, and the construction period of KRW 23, 2015 as of May 13, 2016.
(hereinafter “instant contract”). (b)
On August 20, 2015, the first day of construction was 200 million won guaranteed by the Defendant and the instant construction; from July 23, 2015 to May 13, 2016, the guarantee creditor entered into an advance payment guarantee agreement with the Plaintiff (hereinafter “instant advance payment guarantee”); and submitted to the Plaintiff an advance payment guarantee agreement issued by the Defendant.
C. The Plaintiff paid KRW 120,662,912 to the first day of August 25, 2015.
On August 25, 2015, the Plaintiff paid 18,702,470 won directly to workers, etc., totaling the labor cost of July 2015 and the cost of equipment for June 2015, as follows.
Contents C 3,405,510 on July 2015, 2015 personnel expenses D 1,201,40 on personnel expenses of E 418,990 " 2,550,90 " G 438,040 " 438,040 " 438,218,690 " J (K) 5,995,000 " 22,035,90 on June 2015, 2015 for equipment costs of 18,702,470 "
E. On October 13, 2015, the Plaintiff directly paid KRW 60,256,950, including the cost of equipment, etc. on August 2015 and September 2015, the first day of construction as follows.
N(O) Contents N(O) 37,532,00 equipment costs P(T) 5,889,200 "R(Scafeteria) 4,731,650 Food T(U company) 343,20 "V(W company) X company 9,360,00 equipment costs totaling 60,256,950 equipment costs
F. From August 25, 2015 to March 11, 2016, the first day of construction ceased construction while performing the instant construction. The Plaintiff paid KRW 790,691,163 in total as shown in the attached Table, including the amount paid as above, to the Construction on the first day from August 25, 2015 to March 11, 2016.
(b) the basis for recognition;