하도급대급지급보증금지급 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basis facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 15 (including branch numbers; hereinafter the same shall apply) and Eul evidence of No. 1 to 9.
The plaintiff is a corporation that runs the business of installing and selling air conditioning devices, etc., and the defendant is a corporation established for the purpose of guaranteeing members of the construction company.
B. On August 20, 2014, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with respect to a part of the construction works that the Gyeongnam Company contracted by the Gyeongnam Company Co., Ltd. (hereinafter “HD”) (hereinafter “HD”) as follows.
C. On August 26, 2014, the Defendant entered into a contract to guarantee the payment of subcontract amounting to KRW 149,855,600 as to the instant subcontract, the guarantee period from July 1, 2014 to May 27, 2015, and the guarantee period (hereinafter “instant guarantee contract”) with the Plaintiff as the guarantee creditor.
The Plaintiff completed all construction works as stipulated in the instant subcontract agreement.
However, the remaining construction cost was not paid to the Plaintiff by paying only the first progress payment of KRW 109,093,376 to the Plaintiff.
The payment details of the construction cost of the remaining enterprises shall be as follows:
E. On March 27, 2015, Gyeongnam Company filed an application with the Seoul Central District Court for commencement of rehabilitation procedures as the Seoul Central District Court No. 2015 hap10070, and the Seoul Central District Court decided to commence rehabilitation procedures with respect to Sejong Company on April 7, 2015.
F. Accordingly, on April 2, 2015 and May 22, 2015, the Plaintiff sent to the Seoul Central District Court a certificate of the content that he/she would directly pay the construction cost that was not paid by the Gannam enterprise, and then sent it to the Seoul Central District Court on July 1, 2015, as the Seoul Central District Court (2015Gahap541735).