지급보증금 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On November 2, 2012, the Plaintiff entered into a prime contract. (80% of the equity ratio as a representative director, and hereinafter “A”)
(2) The joint contractors (hereinafter referred to as the “joint contractors of this case”) consisting of the joint contractors (hereinafter referred to as the “joint contractors of this case”) in the manner of joint performance, consisting of the joint contractors (10%) of the Young Telecommunication Co., Ltd.
(1) and (2) and (3) of this case (hereinafter “instant construction”).
As to the construction cost of KRW 9,078,368,00, and the construction period from November 5, 2012 to December 31, 2014, the contract for the contract to the instant contracting body (hereinafter “the instant contract for construction cost”).
(2) The instant prime contract was concluded as a continuing expenditure contract under the Act on Contracts to which the State is a Party, and the annual construction cost was KRW 25,000,000 in 2012, KRW 4,600,000 in 2013, and KRW 4,453,368,00 in 2014.
B. On May 25, 2013, A applied for a subcontract and accepted A’s consent to the Plaintiff on May 25, 2013, and A entered into a subcontract with C Co., Ltd. (hereinafter “C”) on the same day with respect to the construction-unit telecommunications facilities and equipment construction of the instant construction, with the amount of KRW 2,541,943,00, and applied for a contract for the consent thereto. The Plaintiff accepted the said application on June 25, 2013.
(hereinafter referred to as “instant subcontract,” but there is dispute over the actual cost of subcontract and the ratio of subcontract as set forth below.
1) On December 28, 2012, the Plaintiff, while paying advance payment for the construction work of the year 2012 among the instant construction works, paid the construction cost of KRW 25,000,000 for the construction work of the year 2012 to the instant joint supply and demand company. (2) On February 8, 2013 and June 27, 2013, the Plaintiff paid KRW 2,760,000,000 as advance payment for the construction work of the year 2013 to the instant joint supply and demand company. However, the Plaintiff paid the instant joint supply and demand company KRW 2,760,000 as advance payment for the construction work of the year 2013 among the instant construction works.