보증금청구
1. The Defendant’s KRW 390,000,000 as well as 5% per annum from January 1, 2017 to January 31, 2017 to the Plaintiff.
1. Facts of recognition;
A. On February 17, 2015, the Plaintiff and C (hereinafter referred to as “Plaintiffs, etc.”) concluded that “the instant construction work” was “the construction cost: KRW 390 million,” and “the construction period: from January 15, 2015 to March 15, 2015,” among the construction works newly constructing two houses (hereinafter “each of the instant real estate”).
B. After completion of the instant construction project, the Plaintiff et al. occupied each of the instant real estate by asserting a lien that D would not pay the said construction cost, and D, on June 2016, sold each of the instant real estate to Nonparty G in an unregistered state.
C. G purchased each of the instant real estate with the Plaintiff, etc. issued a letter of payment guarantee issued by the financial institution regarding the instant obligation for the construction cost of KRW 390 million with the Plaintiff, etc., the Plaintiff, etc. agreed to suspend the exercise of the lien on each of the instant real estate and deliver the instant real estate to G.
Pursuant to the foregoing agreement, G entered into a guarantee insurance contract with the Defendant on July 1, 2016 on the performance of specific obligations (hereinafter “instant guarantee insurance contract”), and from the Defendant, it appears that there was an agreement between the Plaintiff, C, and G to have agreed to have the guarantee creditor as the Plaintiff.
Guarantee Amount: KRW 390 million; “Guarantee Period: From July 1, 2016 to December 31, 2016,” and issued a payment guarantee (hereinafter “instant payment guarantee”) to the Plaintiff.
E. The Plaintiff, etc., who received the said payment guarantee certificate from G, delivered each of the instant real estate to G, but G did not pay the instant construction cost after December 31, 2016, the expiration date of the guarantee period. Accordingly, the Plaintiff filed a claim against the Defendant for the payment of the deposit under the instant payment guarantee certificate from December 26, 2016, which was imminent on the expiration date of the guarantee period.
【Ground of recognition】 There is no dispute;