미지급금 및 계약이행 보증채무의 부존재
1. The Plaintiff’s guarantee insurance obligation based on each insurance policy indicated in the separate sheet against the Defendant is KRW 21,208,500.
1. Facts of recognition;
A. On June 27, 2013, the Plaintiff and the Defendant concluded a contract on the supply of goods (construction) with the content that the Plaintiff supplies “C”, “D”, and “E” to KRW 429,00,000 (including value-added tax; hereinafter the same shall apply) for the supply of building materials among the B development projects.
(hereinafter “instant construction contract”). B.
On July 4, 2013, the Plaintiff entered into a guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with an insurance coverage of KRW 42,900,000 for performance guarantee under a supply contract (contract) and a guarantee insurance contract for performance of KRW 85,80,000 for advance payment guarantee under a guarantee insurance contract and a supply contract (Advance payment), respectively, and issued each insurance policy (hereinafter “each insurance policy of this case”) to the Defendant listed in the separate sheet according to each of the above contracts.
C. On July 8, 2013, the Defendant paid 85,800,000 won, which is 20% of the total construction cost, to the Plaintiff in advance pursuant to Article 6 of the instant construction contract. On August 30, 2013, the Defendant paid 88,000,000 won for the first time payment to October 8, 2013, and paid 16,710,000 won in total to the other F, etc. on behalf of the production cost of KRW 16,710,00.
On April 8, 2014, the Defendant notified the Plaintiff that the instant construction contract was terminated on the ground that the Plaintiff violated Article 3(1) and (5) of the instant construction contract (at least three times, the order of supply was issued by the head of the site office) (at least three times), and that the instant construction contract was terminated on the ground that it did not comply with the request for correction of defective matters after the delivery of goods at least two times). The Plaintiff received the said notification.
E. On April 30, 2014, the Plaintiff renounced the instant construction contract to the Defendant, and drafted a written waiver of the purport that no rights and civil or criminal objection may be raised.
F. On May 9, 2014, the Plaintiff and the Defendant made a completed portion of the instant construction contract, stating that, as of April 30, 2014, the base value of the instant construction contract was 34.62% and the cumulative progress amount was 148,516,50 won.