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1. The Defendant’s KRW 372,98,00 and the Plaintiff’s annual rate of KRW 6% from April 23, 2016 to August 10, 2017, and the following.
Reasons
1. Basic facts
A. (1) On June 5, 2015, the Plaintiff contracted a “C business” with the Korea Environment Corporation, and agreed to change the contract amount of the said subcontract to KRW 3,693,580,00 (hereinafter “instant subcontract”) from the contract amount, KRW 10% of the contract amount (hereinafter “369,358,000), and from June 5, 2015 to January 9, 2017 (hereinafter “instant subcontract”). On November 18, 2015, the Plaintiff agreed to change the contract amount of the said subcontract to KRW 3,729,80,000 according to the change in the design of the original contract between the non-party company and the non-party company (hereinafter “instant subcontract”).
B. 1) The Defendant entered into a guarantee agreement with the non-party company to guarantee the performance of the instant construction (hereinafter “the instant guarantee agreement”) and issued a subcontract guarantee agreement with the Plaintiff from June 5, 2015 to January 9, 2017, which is set forth as the guaranteed amount of KRW 369,358,000, and the guarantee period from June 5, 2015 to January 9, 2017. On December 1, 2015, the Defendant issued a subcontract guarantee certificate with an additional amount of KRW 3,630,000 to the guaranteed amount of KRW 3,630,000. ① The Defendant failed to perform its contractual obligation under the instant subcontract (hereinafter “guarantee accident”).
2) The other party (hereinafter referred to as the “guaranteed obligee”)
(2) This guarantee does not guarantee any obligation, regardless of any title, such as down payment, down payment, and down payment, which the guarantee creditor has paid to the debtor. Article 3 (Limits on the performance of the guarantee obligation ① The guarantee deposit the guarantee creditor shall be forfeited or forfeited to the extent of the amount guaranteed under this guarantee contract or other relevant laws and regulations.
Provided, That where there is no forfeiture or reversion clause in the main contract, etc., it shall be limited to the amount guaranteed.