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1. The Defendant’s KRW 143,664,910 among the Plaintiff and KRW 105,303,234 among the Plaintiff, shall be KRW 38,361,676 from September 23, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Korea Land and Housing Corporation were awarded a contract with the Korea Land and Housing Corporation in 2011 for construction work of Song A1-11 block apartment (2 sections).
B. On March 2, 2012, the Plaintiff entered into a contract on March 2, 2012, 330, 32, 342, 42, 422, and 422,70,000, and each subcontract was made from March 2, 2012 to September 17, 2013, with respect to the construction work of Samsung apartment (hereinafter referred to as “Tiology”) with Trisung and Triology, which included “general conditions and special conditions of the construction contract” that the Plaintiff agreed to include in bidding prior to the conclusion of the subcontract while entering into the subcontract, and that the Plaintiff shall pay the other party a penalty for breach of contract where the contract is cancelled or terminated due to any cause attributable to the Plaintiff.
The term "highly specified" has been read.
(2) On March 5, 2012, the Defendant is liable for each contract guarantee agreement (Article 1 of the Guarantee Terms and Conditions) with the content that: (a) on March 5, 2012, the Defendant bears the obligation to be borne by the Plaintiff, the guarantee creditor, due to a guarantee accident arising from the failure to perform the obligation under the said subcontract; or (b) with the payment of the amount set forth in the principal contract or relevant Acts and subordinate statutes within the scope of the guaranteed amount (Article 1 of the Guarantee Terms and Conditions) (the guaranteed amount for a waterproof construction work is KRW 63,03,234, and the guaranteed amount for a waterproof construction work is KRW 42,270,000,
3) On January 15, 2013, the Plaintiff concluded each contract guarantee and issued each contract guarantee respectively. 3) They fulfilled their obligations under each of the above subcontract, and the Plaintiff terminated each of the above subcontract agreements with the three departments on January 15, 2013.
4. On April 16, 2014, the Plaintiff has each contract bond under the above contract guarantee form to the Defendant.