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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff entered into the prime contract and the first subcontract of this case) on January 12, 2012, one Construction Co., Ltd. (hereinafter “One Construction”) (hereinafter “One Construction”)
(A) From the perspective of “construction work”, the term “original contract construction work” (hereinafter “instant primary contract construction work”).
(2) On May 11, 2012, the Plaintiff awarded a subcontract for reinforced concrete construction (hereinafter “instant construction”) during the construction period of KRW 56,423,101,00, and from January 20, 2012 to January 31, 2014 to Nonparty B (hereinafter “B”) with the contract amount of KRW 5,470,00,000, and period of construction from May 11, 2012 to April 30, 2013.
(hereinafter “instant first subcontract”). B.
On May 21, 2012, the Defendant entered into a guarantee agreement with B and the first subcontract of the instant case with the content that guarantees payment of the amount prescribed by the main contract or relevant Acts and subordinate statutes within the scope of the guaranteed amount (hereinafter “the instant guarantee agreement”) in the event that the contract was terminated or terminated due to the Defendant’s nonperformance of the obligation of the said construction contract, as the guaranteed amount was determined from May 11, 2012 to April 30, 2013.
C. B while performing the instant construction work, B and the instant first subcontract was suspended on February 7, 2013 due to the Plaintiff’s failure to pay wages to workers at the construction site from February 2013, 2013, and the Plaintiff demanded B to resume the construction work on February 7, 2013, and on February 15, 2013, B did not comply with the request. 2) Accordingly, the Plaintiff notified B of the termination of the instant first subcontract on February 20, 2013 on the ground that the unpaid wage and the discontinuance of the construction work were to be paid to B, and the Plaintiff and B gave up the remainder of the construction work as KRW 3,497,00,000, and the remainder of the construction work and the construction work were to be abandoned as KRW 1,973,00,000.