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1. The Defendant’s KRW 291,00,000 for the Plaintiff and 6% per annum from November 29, 2014 to March 3, 2015.
Reasons
1. Basic facts
A. On January 22, 2013, the Plaintiff constituted a joint supply and demand company with Nonparty mobilization system company and a joint supply and demand company, and the Plaintiff is the representative of the joint supply and demand company, and the construction work for the apartment complex of two complexes in the Seoul Special Metropolitan City Co., Ltd. (hereinafter “instant apartment construction work”).
(2) On July 1, 2013, the Plaintiff concluded a subcontract with respect to reinforced concrete construction (hereinafter “instant subcontracted construction”) among the instant apartment construction works, setting the construction period from July 1, 2013 to March 22, 2015 and the construction price of KRW 8.4 billion.
B. On July 1, 2013, the Defendant entered into a contract to guarantee the instant subcontract performance (hereinafter “instant guarantee contract”) with the Defendant, which is determined from July 1, 2013 to March 22, 2015, as the guaranteed amount of KRW 840,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
(2) Article 3(1) of the terms and conditions of the instant guarantee agreement provides that “A guarantee incident refers to a debtor’s failure to perform a contract without justifiable grounds and thus the guarantee creditor cancels or terminates the contract within the guarantee period.” Article 6(1) of the same Act provides that “The amount to be paid by the defendant shall be the actual amount suffered by the guarantee creditor due to the guarantee accident within the guarantee amount, and the actual amount of damages shall be an increased amount within the reasonable scope required for the debtor to perform the remaining contract that the debtor has failed to perform.”
C. Around July 1, 2013, when the subcontract was terminated, the subcontracted work of this case was commenced, but the subcontracted work of this case was suspended due to the final default on October 2, 2013, and at that time, the period of the subcontracted work of this case was determined.