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1. The Defendant’s KRW 32,284,760 as well as the Plaintiff’s KRW 3.4% per annum from May 4, 2016 to December 29, 2017.
Reasons
1. Facts of recognition;
A. On May 22, 2015, the Plaintiff entered into a contract under which the Incheon Metropolitan City Land Creation Corporation (Construction) (hereinafter “instant construction”) entered into a contract with B Co., Ltd. (hereinafter “B”) on the construction cost of KRW 2,454,13,00, and the construction period from May 29, 2015 to May 22, 2016 (hereinafter “instant construction contract”).
B. On May 22, 2015, in relation to the instant construction contract, the Defendant issued a guarantee certificate to the Plaintiff, stating that “The amount of guarantee was KRW 450,000,000 (the amount shall be KRW 467,396,00,000, adding the agreed interest of KRW 3.4% per annum to the aforesaid advance amount)” and the guarantee period was from June 3, 2015 to July 21, 2016.”
(2) On May 2015, D Co., Ltd. (hereinafter referred to as “D”) issued a guarantee guarantee guarantee to the Plaintiff with the content that the Plaintiff would receive a refund from B in relation to the instant construction contract as “Advance payment amounting to KRW 275,000,000, and the guarantee period from May 26, 2015 to July 21, 2016.”
(B) On June 5, 2015, the Plaintiff guaranteed the Defendant and D’s obligation to return advance payment to the Plaintiff at each advance payment rate. The Plaintiff, on June 5, 2015, deposited advance payment in proportion to the ratio of the progress payment to the relevant progress payment out of the total construction price (construction price) whenever the Plaintiff pays the progress payment to B each time according to the progress rate of the instant construction project in the amount of advance payment in KRW 725,00,000,000.
A. The payment was made.
C. B, from June 2015 to December 31, 2015, from June 31, 2015, the instant construction was performed after receiving payment for the first and second completed payments from the Plaintiff, and for the direct labor cost from July 2015 to December 12, 2015.
In the process, the Plaintiff paid to B from the creditor E Co., Ltd. around December 2015, “59,043,420 won out of the construction cost (except for the claim for prohibition of seizure under Article 88 of the Framework Act on the Construction Industry).”