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1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 114,51,000 and its amount from June 23, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On July 12, 2016, the Plaintiff entered into a subcontract agreement with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) with respect to DD projects contracted by Nowon-gu in Seoul Special Metropolitan City (hereinafter “instant construction projects”).
2. The name of subcontracted project: D Corporation;
3. Construction site: Nowon-gu E
4. Period of construction: July 15, 2016, and February 17, 2017.
5. Contract amount: 362,340,000 won (value of supply 329,40,000,000 won, value-added tax 32,940,00 won); and
8. Contract performance guarantee: 10% of the contract amount; 36,234,000 won; 11. Rate of liquidated damages: 0.1% of the contract amount.
B. On July 18, 2016, the Defendant Company entered into a guarantee agreement with Defendant CF (hereinafter “Defendant CF”) with respect to the instant construction project, and issued a guarantee certificate issued accordingly to the Plaintiff.
The guaranteed amount: The contract amount of KRW 36,234,00: the contract date of KRW 362,340,000: the contract period of KRW 12 July 12, 2016: the guarantee period of February 17, 2017: the special clause from July 12, 2016 to February 17, 2017: the re-issuance due to a change in the entries in July 19, 2016. Since the guarantee liability is not imposed on the guarantee accident that occurred after the expiration of the guarantee period, if the contract period is extended, the guarantee period of KRW 362,340,00 shall be additionally received from the Korean Association within the guarantee period.
C. On July 20, 2016, the Defendant Company concluded an advance payment guarantee agreement with the Defendant Union and issued the said advance payment guarantee to the Plaintiff on July 20, 2016 regarding advance payment to be received from the Plaintiff according to the instant subcontract.
The amount guaranteed: The standard amount for calculating advance payment of KRW 96,900: the contract amount of KRW 362,340,000: the contract amount of KRW 362,340,000: the contract date of KRW 362,340,000: the guarantee period of February 17, 2017: the special engineer from July 12, 2016 to February 17, 2017: the guarantee period of KRW 362,340,000.