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1. Defendant A’s KRW 499,791,00 for the Plaintiff and KRW 5% per annum from September 6, 201 to June 25, 2012.
Reasons
1. Basic facts
A. On September 9, 2009, the Plaintiff is a non-party company B (hereinafter referred to as the “non-party company”).
(1) Of C-Newly constructed construction, (1) Of the construction cost of 10,880,659,00 won, contract bond of 1,088,065,90 won, and period of construction from September 1, 2009 to April 30, 2012 (hereinafter referred to as “the first subcontract of this case”).
(2) The construction cost of the 2nd construction section’s construction work is KRW 686,00,000, contract bond of KRW 68,600,000, and the construction period is determined from September 1, 2009 to April 30, 2012 (hereinafter referred to as the “2nd subcontract”).
(2) On March 15, 2010, the Plaintiff awarded a subcontract to the non-party company: (i) the construction cost of the steel reinforced concrete construction works; (ii) the contract bond of KRW 477,800,000; and (iii) the construction period of KRW 3 subcontract from March 15, 2010 to November 30, 201 (hereinafter “the third subcontract”); (ii) the construction cost of the safety facility works; (iii) the construction cost of KRW 315,00,000; (iv) the contract bond of KRW 31,50,000; and (v) the construction period from March 15, 201 to November 30, 201 (hereinafter “the fourth subcontract”).
3) It refers to each of the instant subcontracts 1 to 4 (hereinafter referred to as “each of the instant subcontracts”).
(1) The plaintiff and the non-party company shall mutually guarantee the execution of the contract and the payment of the construction cost in any of the following manners:
Provided, That the same shall not apply where the payment guarantee of subcontract consideration is exempted under Article 3-3 of the Enforcement Decree of the Fair Transactions in Subcontracting Act.
1. The non-party company shall guarantee the contract performance of the amount equivalent to 10% of the contract amount to the plaintiff.
1. A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and the Korea Credit Guarantee Fund equivalent thereto;