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1. The Defendant’s KRW 1,219,276,212 as well as 6% per annum from July 5, 2014 to December 6, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On July 6, 2009, the Plaintiff entered into a subcontract with C Co., Ltd. (hereinafter “C”) with respect to the construction amount of the said D Co., Ltd. (hereinafter “instant construction”) during the construction period (hereinafter “instant construction”) on July 6, 2009, the Plaintiff entered into a contract for construction works with 16,978,50,000 won (including value-added tax and the contract amount, gradually increased to KRW 22,865,441,50 through the final amendment agreement on August 24, 2012) and the construction period from July 7, 2009 to September 30, 2013 (hereinafter “instant subcontract”). The main contents of the standard subcontract terms attached to the instant subcontract are as follows:
Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price) (1) The plaintiff and C shall mutually guarantee the execution of contracts and the payment of contract price in the following manners:
Provided, That where payment guarantee of subcontract consideration is exempted pursuant to the Framework Act on the Construction Industry or the Fair Transactions in Subcontracting Act, mutual guarantee may not be granted.
1. C is to guarantee the performance of the contract in an amount equivalent to 10% of the contract amount to the Plaintiff. (2) The guarantee between the Plaintiff and C pursuant to paragraph (1) shall be paid in cash or by delivery of the letter of guarantee pursuant to any of the following subparagraphs:
1. A letter of guarantee issued by a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, such as the Korea Credit Guarantee Fund.
(6) If the unpaid amount of the contract price of the plaintiff and the amount of losses caused by the failure, etc. of the contract of C exceed the deposit under paragraph (1), the plaintiff and C may claim the excess amount to the other party
Article 23 (Defect Security)