보증금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 24, 2013, the Plaintiff entered into a contract between the Plaintiff and Nonparty Mine Construction Co., Ltd., the Plaintiff contracted the construction period of Non-Party Mine Construction Co., Ltd. (hereinafter referred to as “Mining Construction”) at KRW 2,123,413,882 during the construction period from July 24, 2013 to September 30, 2014 (hereinafter referred to as “instant construction”).
(b) Gwangju Construction and the defendant's terms and conditions of guarantee agreement - Article 1 (Guarantee Liability) Specialized Construction Mutual Aid Association for Private Creditors (hereinafter referred to as the "Union") bears the other party (hereinafter referred to as the "mortgage holder") in accordance with the terms and conditions of guarantee under Article 56 (2) of the Enforcement Decree of the Framework Act on the Construction Industry, if the other party (hereinafter referred to as the "contractor") fails to perform his/her obligations or obligations in connection with the front contract.
Article 3 (Guarantee Accident) (1) The term "Guarantee Accident" means that a guarantee creditor terminates or terminates a contract within the guarantee period because a debtor fails to perform a contract without justifiable grounds.
(2) The Cooperative shall not be liable for a guarantee for a contract cancelled or terminated after the guarantee period specified on the front of the union expires.
Article 4 (Claims for Performance of Guarantee Obligations) (1) Where a guarantee accident has occurred, a guarantee creditor shall immediately notify the Association thereof, and submit the following documents along with a written claim for a security deposit:
1. Copy of a letter of guarantee;
2. Documents related to and documents for termination of the contract;
3. Documents related to the nature of documents (documents attesting to the fact of payment for completed portion and other settlement accounts).
4. Documents to prove the actual amount of damages prescribed in Article 6 (2).
5. Other documents requested by the association for the examination of guarantee (Scope of compensation) (1) The amount paid by the association shall be due to the guarantee accident within the amount guaranteed.