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1. The Defendant: (a) KRW 168,218,322 to the Plaintiff; and (b) KRW 5% per annum from May 25, 2013 to October 29, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a prime contract and the first subcontract of this case) on January 12, 2012, one Construction Co., Ltd. (hereinafter “One Construction”) (hereinafter “One Construction”)
(A) construction work among the A-Newly constructed construction work (hereinafter referred to as “instant prime contract construction work”).
(2) On May 11, 2012, the Plaintiff concluded a subcontract for reinforced concrete construction (hereinafter “instant construction”) during the construction period of KRW 56,423,101,00, and from January 11, 2012 to January 31, 2014, with the contract amount of KRW 5,470,00,000 and the construction period of KRW 5,470,00 from May 11, 201 to April 30, 2013 (hereinafter “instant first subcontract”).
B. On May 21, 2012, the Defendant entered into a guarantee agreement (hereinafter “the instant guarantee agreement”) with the Plaintiff and the instant construction contract with the terms of guaranteeing payment of the amount stipulated in the main contract or relevant Acts and subordinate statutes within the scope of the guaranteed amount if the instant first subcontract was rescinded or terminated due to nonperformance of the obligation owed by B on the grounds that the guaranteed amount was set from May 11, 2012 to April 30, 2013 as the guarantee creditor, the Plaintiff, the guarantee creditor, and the guarantee period from May 1, 2012 to April 30, 2013.
C. B while performing the instant construction work, the construction work was suspended on February 7, 2013 due to the Plaintiff’s failure to pay wages to workers at the construction site from February 2, 2013, and the Plaintiff demanded B to resume the construction work on February 7, 2013, and on February 15, 2013, B did not comply therewith. (2) The Plaintiff notified B of the termination of the instant first subcontract on February 20, 2013 on the ground that the unpaid wage and the discontinuance of the construction work were not paid to B, and the Plaintiff and B gave up the construction work amounting to KRW 3,497,000,000,000, and KRW 1,973,000,000,000.