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1. The Defendant: (a) KRW 134,090,411 for the Plaintiff and 6% per annum from May 28, 2014 to February 3, 2016; and (b) for the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 4, 2013, Ulsan Construction Co., Ltd. (hereinafter referred to as “Sullar Construction Co., Ltd.”) entered into a subcontract for Ulsan Construction Co., Ltd. and Taeyang Construction Co., Ltd., Ltd. (hereinafter referred to as “Suldong Co., Ltd”) with a subcontract for construction of the construction cost at KRW 1,012,570,000 (hereinafter referred to as “instant Incheon subcontract”), and entered into a subcontract on November 30, 2013, specifying the construction cost as KRW 728,00,000 (hereinafter referred to as “instant subcontract”).
The main contents related to each of the instant subcontracts are as follows.
Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) The Ulsan Construction and the non-party company shall guarantee each other the execution of contracts and the payment of contract price in any of the following manners:
1. The non-party company shall guarantee the performance of the contract in an amount equivalent to 10% of the contract amount to the Ulsan Construction. (2) The guarantee between the Ulsan Construction and the non-party company pursuant to paragraph (1) shall be paid in cash or by delivery of a letter of guarantee pursuant to any of the following subparagraphs:
1. A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, the Korea Credit Guarantee Fund, or any other equivalent guarantee agency.
Article 22 (Advance Payment) (1) The Ulsan Construction shall pay advance payment to the non-party company as stipulated in the contract.
(2) If Ulsan Construction receives advance payment from the project owner, the contract shall be stipulated within 15 days from the date of receipt of such advance payment so that the non-party company may commence construction works, in accordance with the contents and ratio of the advance payment he/she received.