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1. The Defendant’s KRW 118,416,910 for the Plaintiff and KRW 5% per annum from November 24, 2015 to June 21, 2016.
Reasons
1. Basic facts
A. On September 22, 2012, the Plaintiff entered into a contract with the Daegu Mine Construction Co., Ltd. (hereinafter “instant construction contract”) under which the construction period was changed from September 22, 2012 to May 31, 2013 (hereinafter “instant construction contract”) to the construction period for the said construction work (hereinafter “instant construction work”), the construction cost was changed from September 22, 2012 to December 31, 2013 (from this year to December 31, 2013), the construction cost was changed to KRW 1,980,000 (hereinafter “this case’s construction contract”). The main contents are as follows.
Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price) (1) and B (referring to the "Plaintiff") of the General Conditions for the Subcontract of Construction Works shall mutually guarantee the execution of contracts and the payment of contract price in the following manners:
(2) The guarantee between A and B as referred to in paragraph (1) shall be made in cash or by the delivery of a letter of guarantee as referred to in 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.
Article 25 (Cancellation and Termination of Contract A) (1) In the case falling under any of the following subparagraphs, A or B may cancel all or part of the contract concerned when the contract is not performed within the said period after setting the period for performing the contract in writing (day or month).
1. A or B may achieve the purpose of the contract in violation of the terms and conditions of the contract;