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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 28, 2009, the Plaintiff entered into a contract for road package construction works with Gyeonggi-do on April 28, 2009, and subcontracted the said construction works to C Co., Ltd. (hereinafter “C”) on December 14, 2009.
(hereinafter “instant subcontract contract”). (b)
The Defendant entered into a guarantee agreement with C on the instant subcontract construction contract (hereinafter “the instant guarantee agreement”) and issued to the Plaintiff a letter of guarantee that, if C fails to perform the obligation or obligation to the Plaintiff, which is a guarantee creditor, due to any cause attributable to C in connection with the instant subcontract construction contract, the Defendant bears the guarantee obligation in accordance with the contents and terms and conditions of the guarantee under Article 56(2) of the Enforcement Decree of the Framework Act on the Construction Industry and the terms and conditions (the following first and third guarantee forms, the contract guarantee, and the fourth guarantee form).
The guarantee number E, the guaranteed amount of KRW 215,160,00 on December 29, 200, and the guarantee period from December 14, 2009 to May 6, 2012 (hereinafter referred to as “certificate 1”) shall be extended from April 20, 201 to April 3, 986,00 (the additional guarantee due to the increase in the guarantee number E issued on December 29, 2009, the total guaranteed amount of KRW 219,146,00) (the total guaranteed amount of KRW 219,50,00) and the guarantee period from April 15, 201 to May 6, 2012 (hereinafter referred to as “the guarantee period of KRW 216,50,000) (hereinafter referred to as “the guarantee period of KRW 30,500,000 due to the extension of the guarantee period of KRW 16,217,216,2017.
C. According to Article 1 of the Guarantee Terms and Conditions, the Defendant stipulated the principal contract or relevant Acts and subordinate statutes within the scope of the guaranteed amount in the event of rescission or termination of a contract due to nonperformance within the guarantee period of C.