보증금 청구의 소
1. The plaintiff's appeal, the defendant's appeal, and the provisional payment are all dismissed.
2. The provisional payment of the costs of appeal.
1. Basic facts
A. 1) C Co., Ltd. (hereinafter “C”)
) On April 2017, D Co., Ltd.: (a) divided the instant company’s business division related to the instant case into two sections; and (b) F Co., Ltd. was established in the Republic of Korea; (c) was awarded a contract with the said company for the said E Work; and (d) February 21, 2017, the Plaintiff is entitled to the instant construction work for machinery and equipment among the said extension works (hereinafter “instant
(i) 1,089,00,000 won (including value added tax; hereinafter the same shall apply) for the cost of construction;
(2) As to the construction period of February 21, 2017 to August 31, 2017, the subcontract was made (hereinafter “instant subcontract”).
(2) On August 18, 2017, the Defendant entered into a contract on the payment guarantee of subcontract consideration (hereinafter “the instant contract”) with C as of the amount guaranteed for the instant construction work, which is from August 31, 2017 to November 29, 2017, and issued a written payment guarantee of subcontract consideration to the Plaintiff.
The main contents of the Defendant’s subcontract payment guarantee agreement applicable to the instant guarantee agreement are as follows.
The partnership of Article 1 (Guarantee Responsibility) [Defendant] pays to the secured creditor (the term of payment is limited to the obligation within the Guarantee Period) if the debtor [C] fails to perform the obligation to pay the subcontract price for the front contract (hereinafter referred to as "Guarantee Accident") in accordance with the terms and conditions of this Guarantee.
Article 3 (Limits of Performance of Guarantee Obligations) The deposit to be paid by the Union shall be the amount deemed to be the standard of Article 7 from among the construction cost incurred by the actual work of the guarantee creditor to the date of performance of the contract stated in the front guarantee letter from the date of performance of the guarantee period within the limit of the amount guaranteed
However, the following amounts shall not be included:
1. The guarantee creditor is a principal contract under the Fair Transactions in Subcontracting Act.