계약보증금 등
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 420 of the Civil Procedure Act.
2. Determination as to the claim for contract performance guarantee
A. As seen in the basic facts, the part concerning the claim for contract performance guarantee under the contract guarantee contract of this case 1) is determined as to the cause of claim. As to the guarantee contract of this case 1, where the subcontract of this case 1 is cancelled or terminated due to nonperformance due to the reasons attributable to the bank-raising responsibility, the defendant pays the contract performance guarantee to the plaintiff Daewoo Construction. Thus, in order to accept the claim for contract performance guarantee against the defendant of Daewoo Construction, the above requirements should be satisfied.
The following are examined.
B. First, we examine whether the first subcontract of this case has been lawfully terminated.
The following facts are the facts: (a) on June 8, 2010, Article 15 of the Special Conditions for the first subcontract of this case provides that “When the Jemin-up case commences a default, bankruptcy, company reorganization procedure, or the ability to pay it is impossible to pay it for more than two months without paying it, the Plaintiff Construction may cancel or terminate the contract in whole or in part.” Therefore, the ground for termination of the first subcontract of this case occurred.
Furthermore, we examine whether the first subcontract of this case has been lawfully terminated due to the reasons for termination as above.
Plaintiff
Treatment Construction Co., Ltd., from February 13, 2006 to October 16, 2008, notified that the Plaintiff Daewoo Construction performed several times from February 13, 2006 to October 16, 2008, and on May 18, 2010, Jinung em Co., Ltd failed to perform the instant 1 construction as seen earlier, even though it notified the implementation of the instant subcontract.