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1. The Defendant shall pay to the Plaintiff KRW 234,491,100 and the interest rate of KRW 12% per annum from July 10, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a social welfare foundation established for the purpose of medical treatment and direct rehabilitation of the elderly and the disabled, and the non-party C Co., Ltd. (hereinafter “non-party C”) is a company running the construction business, and the Defendant is a guarantor who entered into a contract for performance guarantee with the non-party
B. 1) On September 5, 2016, the Plaintiff: (a) concluded a construction contract with a non-party company for a construction project for residential facilities for persons with disabilities at KRW 547,980,60 for construction cost; (b) the construction period from September 19, 2016 to March 18, 2017 for the construction project; (c) the rate of liquidated damages 1/1,00 for delay; and (d) the contract bond at KRW 82,197,090 for each contract (hereinafter “the instant first contract contract”).
(2) The Plaintiff and Nonparty Company concluded a contract for a change of construction period on March 16, 2017 with respect to the instant contract, up to May 31, 2017; the construction period up to May 31, 2017; the construction period up to May 5, 2017; the contract amount of KRW 613,160,000; the contract amount of KRW 91,974,000; the contract amount of May 31, 2017; the construction period up to June 30, 2017; the period up to June 30, 2017; and the period up to August 31, 2017.
3) On June 30, 2017, in order to guarantee the performance of the instant first contract, the non-party company’s contractual guarantee form (i.e., the guarantee creditor, the Plaintiff, the deposit, the974,000 won, the guarantee period from the Defendant, and the guarantee period from September 5, 2016 to August 31, 2017 (i.e., the guarantee liability until the actual due date of the contract) (hereinafter “instant guarantee No. 1”).
(4) On May 28, 2018, the Plaintiff sent to the Nonparty Company a certificate of the purport that the construction work under the instant first contract would be completed and requested, and on June 5, 2018, the Plaintiff was notified by the Nonparty Company that the construction work would not be completed despite the demand for the completion of the construction work, and issued a notice of the termination of the instant first contract to the Nonparty Company.
Since June 19, 2018, the Plaintiff filed a claim against the Defendant for the deposit under the instant first guarantee, but the Defendant on July 23, 2018.