보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 25, 2018, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with C Co., Ltd. (hereinafter “C”) on the construction of soil and structures in national expressway D D construction works, with the construction period of KRW 40,590,00,000, and the construction period from June 25, 2018 to May 30, 2023 (hereinafter “instant subcontract”).
B. On June 29, 2018, the advance payment guarantee C issued by the Defendant a letter of advance payment guarantee (hereinafter “the first letter of advance payment guarantee”) with the effect that “contractor C, the secured creditor Plaintiff, the guaranteed amount of KRW 1,500,000,000, and the contract execution date of May 30, 2023, the guarantee period of KRW 200,000, and from June 29, 2018 to December 6, 2018, the Defendant guaranteed the Defendant’s obligation to return advance payment to the Plaintiff.”
On October 1, 2018, upon C’s request, the Defendant issued a letter of advance payment guarantee (hereinafter referred to as “second advance payment guarantee”) to the effect that the guarantee amount is reduced to KRW 1,488,148,000, and the guarantee period is extended from June 1, 2018 to February 4, 2019, and that other conditions are equally maintained.
C. After receiving the Defendant’s first advance payment guarantee, the Plaintiff paid KRW 1,500,000 as the advance payment for the instant subcontract to C on July 6, 2018.
Under the instant subcontract agreement, the Plaintiff paid the completion payment once a month to C within 60 days from the date of acquisition of the object (the result of construction work) separately from advance payment.
Accordingly, the Plaintiff paid C the first progress payment (as of August 30, 2018), the second progress payment (as of September 28, 2018), and the third progress payment (as of October 30, 2018) respectively.
On December 14, 2018, the Plaintiff deducted KRW 18,101,00 from advance and withheld the payment of KRW 20,172,591 equivalent to provisional seizure on claims, and paid KRW 100,326,409 to C’s employees on the ground of C’s demand for direct payment of labor costs.
(e) waiver of construction works and subcontract;