보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 17, 2012, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) concluded a contract for construction work (hereinafter “the instant contract”) with the Plaintiff Co., Ltd. on the fourth floor of the YY 905-22 Tururgy, Yangcheon-gu, Seoul (hereinafter “the instant building”) owned by the Plaintiff Co., Ltd., with respect to the construction cost of the 4th floor remodeling project, the construction period of the construction cost of July 10, 2012, the construction cost of the 2,200,000,000 won (including value-added tax) and the advance payment of KRW 400,000,000.
B. On June 15, 2012, Pakistan concluded an advance payment guarantee contract (hereinafter “the instant guarantee contract”) with the Defendant, setting the guarantee creditor as the Plaintiff Company, with each of the contract amounts of KRW 2,200,000,000, and the guarantee period from June 15, 2012 to July 10, 2012.
At the time, wave submitted a written contract to the Defendant, and changed the name of the construction to “the fourth floor interior interior interior interior works from the Plaintiff Company,” unlike the instant contract with the Plaintiff Company, and the Defendant knew that the Defendant only performed interior works owned by a license, and issued an advance payment guarantee therefor.
However, strike actually performed remodeling works including temporary facilities, electricity and facilities as well as interior works.
C. The main contents of the instant guarantee agreement are as follows.
Article 1 (Guarantee Responsibility) (1) In cases where a contractor (debtor) fails to fulfill his/her obligation to return an unsettlemented advance to the other party (hereinafter referred to as a "security creditor") due to any cause attributable to him/her in connection with a contract entered on the front (hereinafter referred to as a "main contract"), the defendant shall guarantee the guaranteed obligation in accordance with the details of the guarantee and the terms and conditions prescribed in Article 56 (
(2) The occurrence of a surety in this Clause shall cause any of the following events: