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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. 1) The Plaintiff entered into a subcontract on December 28, 2015, and C Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”).
2) The Corporation’s molding Corporation (hereinafter “instant First Corporation”) among D Corporation
(i) 9,000,000,000 won (including value-added tax; hereinafter the same shall apply) for the contract amount;
(2) As to the period of construction work from December 28, 2015 to June 30, 2017, a subcontract (hereinafter “instant first subcontract”) is deemed to have been made.
(2) On March 25, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with respect to the molding construction among E companies (hereinafter “instant 2 construction”). In addition, on March 25, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) by setting the contract amount of KRW 8,050,000,000, and the construction period from March 25, 2016 to August 31, 2017 with respect to each of the instant construction works (hereinafter “instant 2 subcontract”). The instant subcontract refers to the instant 1 and 2 subcontract.
B. On February 15, 2016, Nonparty Company entered into a contract performance guarantee agreement with the Defendant (hereinafter “each of the instant guarantee agreements”) with each of the following terms, and around that time, issued a guarantee under each of the instant guarantee agreements with the Defendant to the Plaintiff.
On February 15, 2016, the guarantee period of the contract guaranteed on the date of concluding the instant first subcontract 900,000,000 from December 28, 2015 to May 31, 2016, the instant subcontract 2 subcontract 805,000,000,000 on May 31, 2016, from December 28, 2015 to May 30, 2016, the instant subcontract 2 subcontract 805,00,000,000 from February 25, 2016 to August 31, 2017, 200
C. On October 25, 2016, a guarantee accident occurred, Nonparty 1 submitted to the Plaintiff a written waiver of construction works on the ground that “it is impossible to perform construction works due to financial conditions,” with respect to each of the instant subcontract. On the same day, the Plaintiff shall settle the instant construction works with respect to Nonparty Company and construction expenses at KRW 3,685,00,000, and with respect to the instant construction works at KRW 1,845,00,000, respectively, to suspend each of the instant construction works.