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1. The Defendant’s KRW 411,530,484 as well as 5% per annum from July 25, 2015 to December 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On October 30, 2014, the Plaintiff entered into a construction contract and a contract guarantee insurance contract. (1) On October 30, 2014, the instant construction is called “the instant construction project”.
2) The electronic bid under the qualification examination system (hereinafter referred to as “instant bid”)
(2) The tender of this case was held before the beginning of the 201st century.
2) On December 26, 2014, the Defendant entered into a guarantee insurance contract for the issuance of a written guarantee of the instant construction contract with the Defendant (hereinafter “instant guarantee insurance contract”) and submitted the guarantee period from the Defendant to the Plaintiff upon obtaining a contract guarantee certificate stating “from January 1, 2015 to December 31, 2016” and the guarantee amount “576,91,520 won” and “the guarantee amount” to the Plaintiff.
The main contents of the terms and conditions of guarantee (hereinafter “instant terms and conditions of guarantee”) which form the contents of the instant guarantee insurance contract are as follows.
[Terms and Conditions of Guarantee] Article 1 (Guarantee Liability) Construction Mutual Aid Association (hereinafter referred to as the “Association”) provides a contractor (hereinafter referred to as the “debtor”) with a liability to the other party (hereinafter referred to as the “Guarantee Claim”) by failing to perform his/her contractual obligation of construction works, etc. mentioned on the front thereof within the warranty period (hereinafter referred to as the “Guarantee Claim”).
Article 3 (Limits to Discharge of Guarantee Obligations) (1) A guarantee creditor shall confiscate or revert to the extent of the amount guaranteed as specified in this Guarantee Form, as prescribed by the principal contract or other related Acts and subordinate statutes.
However, if there is no forfeiture or reversion clause on the main contract, etc., it shall be the actual amount of damage among the amounts claimed by the guarantee creditor within the limit of the guaranteed amount.
Article 6 (Termination of Main Contract) (1) A guarantee creditor shall claim to the Association the performance of a guarantee obligation.