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1. The Defendant’s KRW 149,526,483 as well as 6% per annum from April 19, 2014 to January 9, 2015 to the Plaintiff.
Reasons
1. The facts falling under each of the following subparagraphs may be found either in dispute between the parties or in each entry in Gap evidence of Nos. 3 to 10 (including the number of each class; hereinafter the same shall apply) by reference to the whole purport of the pleadings:
The Plaintiff was awarded a contract with the company that is the project owner for the construction of the Daegu-dong Jeju-dong Complex from the company that is the project owner, and entered into a subcontract on February 18, 2013, with respect to the construction of housing in the said construction project, the construction price of KRW 1,684,836,30, and the construction period of KRW 1,684,836,30 for the construction of housing in the said construction project (hereinafter referred to as “large Construction”) and the construction period from February 18, 2012 to July 30, 2014.
(hereinafter “instant first subcontract”). In addition, the Plaintiff entered into a contract with LH Corporation, the ordering person, for construction works for an apartment building in the area of housing site development in the So-dong Water Site Development Zone, on March 25, 2014. On March 25, 2014, the Plaintiff entered into a subcontract with 1,210,428,528, and the construction period from March 25, 2014 to June 6, 2015.
(hereinafter “instant subcontract No. 2”).
B. The main contents of the standard subcontract agreement for construction business attached to each of the instant subcontracts are as follows:
(hereinafter referred to as “A” and “B” refer to the Plaintiff, and “B” are referred to as a bearer construction). Article 7 (Execution of Contracts and Guarantee of Payment for Construction Costs) ① and “B” shall mutually guarantee the performance of contracts and the payment for the construction cost by means of any of the following methods:
1. The method of guaranteeing the contract performance of an amount equivalent to 10% of the contract amount to Gap.
1. A letter of guarantee issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, such as the Credit Guarantee Fund.