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1. The defendant shall pay 56,281,365 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. According to the Plaintiff’s written evidence evidence Nos. 1 through 4, the Plaintiff, as the obligee of promissory notes amounting to KRW 55,494,027 at face value of static machinery and equipment (hereinafter “regular machinery and equipment”), issued a collection order for the following claims against the Defendant of static machinery and equipment by the Seoul Central District Court Decision 2013Da234774 Decided January 24, 2014.
Claim Amount: Claim for the attachment and collection of KRW 58,041,365: Claim for subcontract consideration payment deposit against the defendant in relation to the "construction of machinery and equipment from among the construction of a new complex in the Han-dong, Han-dong, Han-dong and Han-dong, Han-dong, Han-dong, Stackers, and Jeju-do."
2. Judgment on the defendant's assertion
A. The defendant's assertion in this part is based on the following logic, since Han Construction, the main debtor of the subcontract price payment obligation, fully performs the obligation subject to the defendant's payment guarantee against static machinery and equipment, thus it is impossible to accept the plaintiff's claim
(①＋②⇒③). ① 피고의 지급보증기간은 2011. 4. 15.부터 2012. 11. 30.까지로서 피고는 그 기간 동안 발생한 공사대금채권 1,030,413,837원을 보증한도인 354,412,230원의 범위 내에서 지급보증한다.
(2) The construction price paid in cash by Han-il Construction in connection with the instant subcontracted project shall be KRW 1,149,175,530,000. This shall be appropriated for the claim for the payment of the construction price that occurs before the guarantee period for which the due date has first arrived.
③ Since KRW 1,149,175,530 of cash payments for Han-il Construction exceeds KRW 1,030,413,837 within the guarantee period, the obligations subject to payment guarantee remain.
However, considering the whole purport of the argument in Eul evidence No. 6, the construction of static machinery and the construction of Han Han-il is related to the subcontract price obligation.