Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
Reasons
1. Basic facts
A. On June 12, 2012, the Plaintiff was awarded a contract with the Seoul Local Government Procurement Service (Ministry of Public Administration and Security Office) affiliated with the Republic of Korea for “construction of stage projectors or broadcasting lighting equipment,” and on June 15, 2012, the Plaintiff entered into a subcontract with the following terms concerning the construction of DNA stage lighting production and purchase (hereinafter “instant subcontract”) during the said construction (hereinafter “instant construction”).
The period of supply and installation of contract amount of KRW 338,00,000 (including value-added tax): From June 15, 2012 to November 15, 2012: Performance (contract deposit): Performance (contract deposit) guarantee insurance equivalent to 15% of the contract amount: The terms and conditions of payment of contract to the ordering person (the Ministry of Public Administration and Security Office) and the Plaintiff: The terms and conditions of payment of contract to the ordering person (the Ministry of Public Administration and Security Office) and the Plaintiff: The terms and conditions of payment in cash within five days after the completion of the contract amount; the contract, size, time limit, drawings, tender announcement, etc.; A shall enter into a contract with the ordering person (the Ministry of Public Administration and Security Office) and the Plaintiff’s special terms and conditions of contract: A shall be familiar with the terms and conditions of contract, time limit, size, drawings, tender announcement, etc. under the contract with the ordering person (the Government Office
B. On June 5, 2012, A issued a subcontract guarantee (contract guarantee) guarantee with the content that, by failing to perform the instant construction work within the guarantee period, A guarantees the Plaintiff’s obligation to the Plaintiff within the limit of KRW 50,77 million, and issued the said guarantee guarantee to the Plaintiff.
(c) The term “the instant subcontract guarantee” means the guarantee that the Defendant bears to the Plaintiff under the said subcontract (contract) guarantee (hereinafter “instant subcontract guarantee”).
A on July 4, 2012, the Defendant issued a letter of advance payment guarantee from the Defendant that guarantees the Plaintiff’s obligation to return advance payment to the Plaintiff under the instant subcontract up to KRW 135,30,000,000,000, and the Plaintiff is above.