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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. On June 19, 2008, B entered into a contract with the Defendant for construction (hereinafter “instant construction contract”) by setting the construction cost of KRW 143,000,000 and the construction period from June 19, 2008 to September 10, 2008 with respect to convenience facilities for the elderly and the disabled (E) (hereinafter “instant construction work”).
B. On June 19, 2008, the Plaintiff concluded a guarantee insurance contract (a contract) with the Defendant, the purchase price of KRW 14,300,000, and the insurance period from June 19, 2008 to September 10, 2008, setting the contents of the guarantee as a contract deposit under a construction contract, and the performance guarantee contract (a contract) with the Defendant for the instant construction contract against B (hereinafter “the first guarantee insurance contract”).
C. On June 23, 2008, the Defendant paid KRW 20,000,00 to B as advance payment for the construction cost under the instant construction contract. On the same day, the Plaintiff concluded a guarantee insurance contract (in advance) to guarantee B’s performance of the instant construction contract with the Defendant by setting the contents of the guarantee as advance payment payment guarantee under the construction contract from June 23, 2008 to September 10, 2008 (hereinafter “second guarantee insurance contract”).
B After the commencement of the instant construction work on July 1, 2008, the conflict with the Defendant was occurred when requesting the Defendant to increase the construction cost, and B continued the construction work until July 10, 2008 and suspended the construction work from the following day.
E. On August 13, 2008, the Defendant notified B of the termination of the instant construction contract due to nonperformance such as delaying the instant construction work, etc., and demanded compensation of KRW 15,385,62 from the advance payment already paid less the construction cost and KRW 8,569,357 due to the return of KRW 15,385,62 and the additional contract following the discontinuance of the construction work.
F. The defendant on November 26, 2008 each of the instant cases to the plaintiff.