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1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff) KRW 117,368,62.
Reasons
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 3, 4, 5호증, 을 1∽6, 8, 9호증의 각 기재, 변론 전체의 취지 피고는 2015. 12. 7. 대한민국(국방부)과 사이에 ‘신교대 화장실 신축공사 등 외 6건(본공사)’에 관하여 공사대금 238,503,603원, 공사기간 2015. 12. 7.부터 2016. 7. 6., 계약보증금 35,775,540원으로 정하여 도급계약을 체결하였다.
① On February 29, 2016, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff during the period from March 1, 2016 to May 15, 2016, with respect to steel, containers, and water supply and sewerage works among “six cases, including new toilets, etc.” (hereinafter “instant subcontract”).
② The contract bond of KRW 10,329,00 (10% of the contract amount) shall be substituted with the contract performance bond, and when the contract is terminated, the contract bond shall be reverted to the defendant, and the contract amount received from the defendant shall be returned to the defendant immediately upon receipt of notice of termination of the contract.
On March 2016, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the insured Defendant, the insurance amount of 10,329,000 won, from March 1, 2016 to May 15, 2016, setting the insurance period as the contract deposit under the instant subcontract agreement with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”).
① On April 15, 2016, the Plaintiff and the Defendant extended the completion date of the “new toilet construction works” from May 15, 2016 to May 30, 2016.
(2) Nevertheless, the Plaintiff failed to complete the “new toilet construction work” until the completion date of the extended completion plan.
(6) On June 17, 2016, the Defendant claimed insurance money under the instant guarantee insurance contract to the Seoul Guarantee Insurance on June 27, 2016.
On July 18, 2016, the Plaintiff and the Defendant agreed as indicated in the attached Form (hereinafter “instant agreement”) (hereinafter “instant agreement”).
① The Plaintiff around August 22, 2016.