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1. The Defendant’s KRW 186,052,182 as well as 5% per annum from June 25, 2013 to June 26, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On March 14, 2012, the Plaintiff entered into a contract for construction works with the office of education of the Gyeong-do and the office of education of the said office of education to implement the new construction works for A high-school teachers as ordered on March 20, 2012; March 19, 2013; contract amount of 7,882,358,820 won; and
B. On April 20, 2012, the Plaintiff Company B (hereinafter “B”) and the said Company A.
From April 20, 2012 to September 30, 2012, the construction period of reinforced concrete construction works (hereinafter “instant construction works”) was extended to KRW 1,584,00,000, contract deposit of KRW 158,400,000, advance payment of KRW 200 million (hereinafter “instant construction contract”). At the time of the preparation of the instant construction contract, the instant standard subcontract contract and special conditions were attached to the standard subcontract agreement for the construction works (hereinafter “instant standard subcontract contract”) and the construction contract for the construction works (hereinafter “the instant special conditions”).
C. On May 9, 2012, B entered into a contract guarantee agreement with the Defendant as a guarantee creditor (hereinafter “instant contract guarantee”) from April 20, 2012 to September 30, 2012, and submitted to the Plaintiff the contract guarantee agreement issued by the Defendant.
B On May 11, 2012, with respect to the instant construction work, the Defendant and the instant construction amounting to KRW 200 million; the guarantee period from May 11, 2012 to September 30, 2012; the guarantee creditor and the Plaintiff entered into an advance payment guarantee agreement with the Plaintiff (hereinafter “first advance payment guarantee”); and submitted to the Plaintiff an advance payment guarantee issued by the Defendant; and the Plaintiff paid KRW 200 million to B on May 25, 2012.
E. B signed an advance payment guarantee agreement with the Defendant on June 20, 2012 with the instant construction amounting to KRW 70 million, the guarantee period from June 20, 2012 to September 30, 2012, and the guarantee period from June 20, 2012 to September 30, 2012, and the Plaintiff as the guarantee creditor (hereinafter referred to as “the second installment”).