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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 16, 201, the Plaintiff entered into a contract for a construction project on a new factory, dormitory, etc. at the 159-2, 159-3 unit in Gwangju-si, Gwangju-si (hereinafter “new construction project”), with the construction cost of KRW 1,540,00,000 (including value-added tax) and the construction period from September 15, 201 to January 30, 201.
B. On October 26, 201, the Defendant entered into a contract guarantee contract with respect to the instant newly-built construction with the guaranty creditor, the guaranty creditor, the guaranteed amount of 100,000,000, and the guarantee period from October 21, 201 to January 31, 2012. From October 21, 2011 to January 31, 2012, the Defendant entered into a contract with the content that the Defendant pays the Defendant’s obligation to the Plaintiff who is the guarantee creditor (guarantee creditor) due to the failure to perform the obligation under the instant newly-built construction contract (hereinafter the instant guarantee contract), the fixed construction was extended from the Defendant on the same day to January 31, 2012; the contract guarantee period was issued from October 21, 2011 to January 31, 2012; and thereafter, the contract guarantee period was extended to April 30, 2012.
C. According to the instant guarantee contract, if a guarantee accident occurred due to a cause attributable to the guarantee creditor, the Defendant does not pay the guarantee deposit (Article 2 subparagraph 2 of the Contract Guarantee Clause), and if the main contract has a significant change, from that time, the effect of the instant guarantee contract is lost (Article 6 of the Contract Guarantee Clause). In the event of a guarantee accident, the amount to be paid by the Defendant to the Plaintiff, the guarantee creditor, as the instant new construction contract, is the Plaintiff’s actual amount of damages up to KRW 100,000,000, in the event there is no confiscation or reversion clause
(Article 3(1)(d) of the Contract Guarantee Clause.
Afterward construction, it is not more than Jinyeong Construction Co., Ltd.