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1. The Defendant’s KRW 24,811,915 and KRW 15,385,62 of the above money to the Plaintiff shall be from March 3, 2010 to KRW 9,426,293.
Reasons
1. Basic facts
A. B around June 19, 2008, the Defendant entered into a subcontract for construction works with respect to the facility repair work (E) for the elderly people with disabilities (hereinafter “instant construction work”) in 2008, for which the Defendant received a contract from the Defendant (Seoul Co., Ltd. before the change, and D Co., Ltd.) (hereinafter “instant construction work”). From June 19, 2008 to September 10, 2008, the Defendant concluded a subcontract for construction works with the payment of KRW 143 million (including value-added tax) and the construction period from June 19, 2008 to September 10, 20
B. On June 19, 2008, the Plaintiff entered into a performance guarantee insurance contract with the Defendant, the insured, the insurance amount of KRW 14,300,00,000, and the insurance period from June 19, 2008 to September 10, 2008 under a contract for a construction work, which guarantees the performance under the instant construction contract in B (hereinafter “instant performance guarantee contract”). On June 23, 2008, the Plaintiff entered into a performance guarantee contract with the Defendant, the insured, the insurance amount of KRW 20,00,000, the insurance period from June 23, 2008 to September 10, 2008, which guarantees the performance of the instant construction contract in accordance with the instant construction contract (hereinafter “instant performance guarantee contract”).
C. According to each of the instant guarantee contracts, the insured events occurred when B did not perform the obligation or obligation stipulated in the main contract without any justifiable reason. In order to pay the insurance proceeds to the Plaintiff due to the occurrence of the insured events, the main contract must be rescinded or terminated. In the event that the Plaintiff paid the insurance proceeds, B paid the insurance proceeds to the Plaintiff, and paid damages for delay in accordance with the interest rate determined by the Plaintiff within the scope of the overdue interest rate on the loans of the financial institution.
Around June 23, 2008, the Defendant paid advance payment of KRW 20 million to the Plaintiff according to the instant contract.
E. However, there is a conflict between F and the Defendant, who is the husband of B and the person in charge of the construction site of this case.