하도급하자보수보증금
1. The Defendant’s KRW 243,304,00 for the Plaintiff and 5% per annum from June 17, 2014 to July 4, 2014.
1. Basic facts
A. On July 20, 2010, the Cheongo Construction Co., Ltd. (hereinafter “Dao Construction”) concluded a subcontract with the Cheongo Construction Co., Ltd. (hereinafter “Cheongo Construction”) on the condition that the construction works during the said construction works (hereinafter “the instant construction works”) are subcontracted to the Cheongo Construction Co., Ltd. (hereinafter “the instant construction works”) after being awarded a contract with the Cheongo Construction Co., Ltd. (hereinafter “Dao Construction Co., Ltd.”).
B. On October 17, 2011, the Defendant entered into a contract for the warranty of defects with the guaranteed amount of KRW 404,783,700 for the instant construction project, the warranty period and the warranty period from July 21, 2011 to July 20, 2014, respectively (hereinafter the “instant warranty contract”). Under the instant warranty contract, the Defendant issued to Cheongo Construction a written warranty warranty contract with the said contents, and around that time, Cheongo Construction submitted the said warranty bond to Cheongo Construction.
Among the terms and conditions of warranty for subcontracting incorporated into the instant guarantee agreement, the contents related to this case are as follows.
Article 1 (Guarantee Liability) The Defendant shall pay on behalf of the other party the obligation to the other party, or pay the relevant deposit in accordance with the matters and terms and conditions set out in this Guarantee Form, if the obligor, as the contractor, has undergone an inspection of use or inspection of construction works, etc. entered on its front, and fails to perform the obligation despite having received a request for performance of repair of defects arising from design documents at the
Article 3 (Methods of Performance of Guaranteed Obligations) (1) Where a guaranteed incident occurs due to a cause attributable to the debtor, the defendant shall designate a third party and have him/her perform the liability for repairing defects or pay the bond.
(2) The defendant under paragraph (1).