구상금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
Facts of recognition
On July 6, 2011, the Nam-gu Construction Co., Ltd. (hereinafter referred to as the “Seoul-gu Construction”) concluded a contract for the printing team and smoking construction (hereinafter referred to as the “instant construction contract”) with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant A”) during the C Facility Construction from Masco Construction Co., Ltd. during the construction period of KRW 481,80,000 and the construction period of KRW 481,80,00, from July 11, 2011 to November 30, 201.
At the time of the instant construction contract, Defendant A decided to submit a guaranty insurance policy issued by the guarantee agency to the Southern Construction in order to guarantee the implementation of the instant construction contract. To this end, the insurance period between July 6, 2011 and November 30, 201 between the Plaintiff and the Plaintiff as the insurance period from July 6, 2011, and Defendant A did not perform obligations or obligations under the instant construction contract within the said insurance period without good cause, and if Defendant A incurred an insurance accident due to his failure to perform obligations or obligations under the instant construction contract within the said insurance period, Defendant A compensate the Plaintiff for the relevant damages within the limit of KRW 96,360,00,00, which is the purchase amount of the insurance. In this case, Defendant A paid the Plaintiff the insurance money paid to the Plaintiff and the amount paid by the Plaintiff by adding damages for delay at the highest interest rate set by the Plaintiff (hereinafter “instant guarantee insurance contract”), and Defendant B concluded a guarantee insurance contract (hereinafter “instant guarantee insurance contract”).
After December 201, Defendant A and Southern Construction changed the construction cost of the instant construction contract to KRW 528,00,000, and extended the construction period from July 11, 2011 to February 29, 2012. The subcontract alteration contract is written on November 29, 201.
Defendant A suspended construction around March 15, 2012. At the time of the suspension of construction, Defendant A had been 90.41%, and thereafter completed the remaining construction.
On March 20, 2012, the construction is delayed due to the failure of Defendant A to complete the construction works within the contract term.