1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On November 21, 2011, the Defendant awarded a contract for the construction work of the building on the land outside Geumcheon-gu Seoul Metropolitan Government and the construction work cost of KRW 3 billion from August 11, 2011 to March 30, 2012 to the Non-Party Maman Comprehensive Construction Co., Ltd. (hereinafter “Nonindicted Company”). On March 19, 2012, the Defendant awarded a contract to the Plaintiff for the fire-fighting system construction work during the construction period of KRW 350 million (hereinafter “instant construction work”), the construction period of KRW 2 million, and the period of construction from December 12, 201 to April 31, 2012.

B. On November 6, 2012, Nonparty Company agreed to pay KRW 80 million to the Plaintiff within 30 days after obtaining approval for the use of the building, and the Defendant paid the Plaintiff the above obligation of the Nonparty Company to the Plaintiff.

C. On May 9, 2013, the Plaintiff completed the instant construction and issued a certificate of completion of fire-fighting system construction to the Defendant on May 9, 2013, and at that time approval for use of new buildings was completed, and the present construction remainder amount is KRW 12 million.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the remainder of the construction cost guaranteed by the defendant to the plaintiff 12 million won.

B. The defendant's assertion and judgment that the defendant did not pay a warranty bond or deliver a guaranty insurance policy to the non-party company, even though the plaintiff was awarded a subcontract for the construction of this case from the non-party company and agreed to provide the non-party company with a warranty bond equivalent to 3% of the construction contract amount. Thus, the defendant asserts that the non-party company, the principal debtor,

According to the evidence No. 1, the plaintiff was awarded a subcontract for the construction work from the non-party company and the non-party company was 3% of the contract price.