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Reasons
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(영문) 수원지방법원 2019.01.30 2018가단512446
보증채무금
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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 3, 2016, the Plaintiffs contracted to D Co., Ltd. (hereinafter referred to as D) for the construction of “F building” on the land of Suwon-gu, Suwon-si, Suwon-si (hereinafter referred to as the “instant construction contract”); (a) the construction period from May 10, 2016 to May 9, 2017; (b) the construction price of KRW 440 million (including value-added tax, KRW 10 million); and (c) the remainder 1.4 billion from the date of approval for use.

B. Both parties agreed to the contract of this case as follows.

Article 4 (Deposit for Contract) (1) “B” shall pay the contract deposit as set out in the contract to “B” before entering into the contract to guarantee the fulfillment of the contractual obligation.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

1. Where a contract is terminated or terminated on the grounds as prescribed in the subparagraphs of Article 5 (Disposition of Contract Bond) (1) of the letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract bond paid under Article 4 shall revert to A;

Article 34 (Cancellation, etc. of Contracts A) (1) "A" may cancel or terminate all or part of the contract in any of the following cases:

1. Where “B” fails to commence construction even after the date of commencement agreed upon without any justifiable reason;

2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the grounds attributable to "B".

3. Where the penalty for delay arrives at the amount equivalent to the contract deposit under Article 30 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the terms of the contract “B”.

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