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1. The Defendant’s KRW 93,583,850 for the Plaintiff and KRW 5% per annum from December 25, 2013 to September 20, 2017.
Reasons
1. Basic facts
A. On August 17, 2012, the Plaintiff awarded a subcontract with Nonparty A Co., Ltd. (hereinafter “A”) for the construction period of reinforced concrete construction (civil engineering) among the construction works for the facilities in the 12- main text-Jaby-03 Northern Islands (hereinafter “instant construction”) from August 17, 2012 to August 26, 2013; the construction amount of KRW 1,148,90,000; the contract deposit of KRW 114,890,000; and the contract deposit of KRW 114,890,000.
(hereinafter “instant construction contract”). B.
A, on September 3, 2012, with respect to the instant construction contract with the Defendant, concluded an advance payment guarantee contract with the content that, within the scope of the guaranteed amount, the Defendant, who bears the obligation to return the unpaid advance payment due to the reasons attributable to A within the guarantee period from September 3, 2012 to August 26, 2013 (hereinafter “instant advance payment guarantee contract”) and issued to the Plaintiff the guarantee bond for the instant advance payment guarantee contract.
After that, on December 26, 2012, A entered into an advance payment guarantee agreement with the Defendant and the instant construction contract, which guarantees A’s obligation to return advance payment (hereinafter “the instant additional advance payment guarantee agreement”) with the period from December 26, 2012 to December 26, 2012, the guarantee creditor, the Plaintiff, the guaranteed amount of KRW 196,00,000,000, and the guarantee period from December 26, 2012 to August 26, 2013.
The terms and conditions of the instant advance payment guarantee agreement and the instant additional advance payment guarantee agreement stipulate that “if a debtor has any of the following grounds for return of advance payment or any other nonperformance, it refers to the debtor’s failure to perform the said requirements despite the debtor’s claim for return of advance payment of the secured creditor,” the term “cancellation or termination of the contract” under subparagraph 3 as grounds for return of advance payment.