보증채무금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 14, 2016, the Plaintiff subcontracted the construction of reinforced concrete (hereinafter referred to as “instant construction”) among the construction of new facilities with a contract from the KA&C office that the Plaintiff received from the KA&C general certified architect office (hereinafter referred to as “dual co-ownership”). The Plaintiff subcontracted the construction contract amount of KRW 2,068,000,000 and the construction period of the construction from December 16, 2016 to September 30, 2017.
(b) The following (hereinafter referred to as the “instant subcontract”).
On January 10, 2017, the Plaintiff paid 206,800,000 won to two original public officials.
An advance payment guarantee letter 206,800,000 won on December 22, 2016 to September 30, 2017.
On December 22, 2016, the Defendant issued the following advance payment guarantee to the Plaintiff on December 22, 2016, upon the entrustment of guarantee for two original co-owners:
(hereinafter referred to as the “instant guarantee agreement”) d.
The terms and conditions of guarantee applicable to the instant guarantee agreement include the following:
Article 1 (Guarantee Responsibility) (1) If a debtor fails to fulfill his obligation to return an unsettlemented advance to a guarantee creditor due to any cause attributable to a contract for front entry, the defendant bears the guarantee obligation in accordance with the details of the guarantee, the matters stated in the guarantee under Article 56 (2) of the Enforcement Decree of the Framework
The base date for the return of advance payment
2. Criteria for the date on which the primary debtor waives construction works;
3. The date of termination of a contract or termination of a contract or termination of a contract. (2) The term "guarantee accident" means that the debtor fails to fulfill the following conditions despite a claim for return of the advance payment of the secured creditor if any cause for return of the following advance payment occurs or any other default occurs:
(3) The limit of payment of deposit shall be the balance obtained by subtracting the progress payment unpaid by the guarantee creditor from the advance payment that the debtor has to pay within the limit of the amount guaranteed on the face.