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1. The Defendant’s KRW 120,160,000 as well as 5% per annum from June 4, 2014 to December 10, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On March 24, 2013, the Plaintiff entered into a subcontract (hereinafter referred to as “instant contract”) with Onnuri Comprehensive Construction Co., Ltd. (hereinafter referred to as “heat Construction”) on a fixed date as KRW 400,400,000 (including value-added tax) on May 10, 2014 with respect to steel works among the construction works of the Hanyang System Co., Ltd., the Hanyang System Co., Ltd., Ltd. (hereinafter referred to as “heat Construction”).
B. On May 15, 2014, the Plaintiff and Onnuri Construction entered into a contract with the Defendant for the guarantee period from May 10, 2014 to May 30, 2014. On May 22, 2014, Onnuri Construction entered into a contract for the guarantee period from May 15, 2014 to August 28, 2014; and on May 30, 2014, the contract completion date; and on May 30, 2014, the guarantee amount was set as KRW 20,200,00, respectively (hereinafter “instant guarantee contract”); and issued it to the Plaintiff upon obtaining the guarantee period from the Defendant.
C. Article 3 of the terms and conditions of the instant guarantee agreement provides that “The guarantee deposit to be paid by the partnership shall be limited to the amount guaranteed under this guarantee agreement and shall be an amount recognized by the standard of Article 7 from the amount of the unpaid claim out of the construction cost incurred by the actual construction until the performance date specified in the front guarantee letter from the date of guarantee period.”
As between May 15, 2014 and June 3, 2014, the Plaintiff asserted to the effect that the construction cost claimed by the Plaintiff did not have been paid within the said period. However, since the fact that the construction was performed with the payment guarantee for the subcontract price and the construction was not performed within the said period, it seems that there is objective and clear evidence to acknowledge it, as it is an exceptional circumstance, that the construction was not performed within the said period, and that it was not performed within the said period, the Plaintiff’s written evidence No. 15-1, 2, and 16-1, 2, 17, and 19, 20.