계약보증금 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a stock company engaged in construction business, such as an engineering work business and building work business. The Defendant is a mutual cooperative organization between constructors established pursuant to Article 54 of the Framework Act on the Construction Industry. Pursuant to Article 56(1) of the same Act, the Plaintiff is a corporation engaged in various kinds of guarantees, such as bid guarantees, contract guarantees, advance payment guarantees, and funding projects necessary for its members
B. On November 12, 2015, the Plaintiff entered into a subcontract with B Co., Ltd. (hereinafter “B”) with respect to reinforced concrete construction for support facilities during the said construction, as follows (hereinafter “instant subcontract”).
Construction period: From November 13, 2015 to April 27, 2016: 423,830,000 won (including value-added tax) for the construction site: - Advance payment of KRW 169,532,00 within 15 days after the conclusion of a contract; 10% of the contract amount; 42,383,00 won for the contract;
C. On November 20, 2015, B and the Defendant entered into a contract guarantee agreement between B and the Defendant, with a view to guaranteeing the performance of the instant subcontract, the guarantee amount of KRW 42,383,000, guarantee period of KRW 42,383,000, and the contract guarantee agreement between November 12, 2015 and April 27, 2016, and the Plaintiff as the guarantee creditor. The major terms and conditions constituting the content of the said contract guarantee agreement are as follows:
) The contractor (D, hereinafter referred to as the obligor) shall:
)The other party (Plaintiffs and hereinafter referred to as the guarantee creditor) is responsible for respect of the front entry contract (the subcontract in this case).
If a person fails to fulfill his/her obligation or obligation, he/she shall bear the guaranteed obligation in accordance with the details and terms and conditions of the guarantee under Article 56 (2) of the Enforcement Decree of the Framework Act on the Construction Industry.