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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. 1) East Construction Co., Ltd. (hereinafter “Dong Construction”) (hereinafter “Dong Construction”)
2) The Defendants 1 and 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2
(2) On December 18, 2014, the Plaintiff entered into a subcontract with the effect that, from the construction of the Eastern Construction, the construction cost of the said construction works (hereinafter “instant subcontracted construction”) is KRW 440 million for the construction cost, the construction period is from December 18, 2014 to December 31, 2014 for the construction period, and the progress payment is to be paid within 60 days after the inspection once a month.
(hereinafter “instant subcontract”). The Plaintiff and Dong Construction extended the construction period on December 30, 2014 by January 10, 2015.
B. On December 24, 2014, Dong Construction entered into a guarantee contract with the Defendant to guarantee payment of the subcontract consideration amounting to KRW 440 million, the guarantee period from December 18, 2014 to March 31, 2015, and the contract execution date from December 31, 2014 to December 31, 2014 (hereinafter “instant guarantee contract”).
3) Article 1 (Guarantee Liability) In a case where the construction of the building does not fulfill the obligation of payment of the subcontract price under the front agreement (hereinafter “Guarantee Accident”).
3) The Plaintiff’s obligation to the Plaintiff (the payment date is the guarantee period).
(B) pay each other in accordance with the terms and conditions of this guarantee and pay each other in accordance with the terms and conditions of this guarantee. Article 3 (Guarantee Money to be paid by the Defendant, even if fulfilled, shall be limited to the amount guaranteed as set out in this guarantee, and shall be recognized in accordance with the criteria of Article 7 from the unpaid amount of the construction cost incurred by the Plaintiff’s actual performance of construction until