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1. Defendant A Co., Ltd.: KRW 300 million to the Plaintiff, and 5% per annum from November 22, 2014 to October 13, 2016.
Reasons
1. Presumed facts
A. On May 27, 2013, the Plaintiff was awarded a contract with the head of the Dong-gu Daejeon Metropolitan City for the “B Corporation” in terms of construction cost of KRW 937,741,00, and KRW 454,585,00 on May 30, 2013 for the “C Corporation” in terms of construction cost of KRW 454,585,00, respectively. (B) On July 9, 2013, the Plaintiff entered into a contract with the Defendant A to subcontract the instant construction work (hereinafter “instant first contract”). The Plaintiff entered into the construction contract with the Defendant for the instant first project with KRW 50,50,00 for the construction period of KRW 20,000 for KRW 37,50 from May 29, 2013 to KRW 374,00,000 for the construction cost of KRW 374,00,000 for the construction period of KRW 20,50,000.
C. On July 9, 2013, in order to guarantee the obligation to return advance payment that Defendant A received pursuant to the instant contract Nos. 1 and 2 (hereinafter “instant contract”), the Defendant Mutual Aid Association issued each advance payment guarantee of KRW 220 million of the instant contract No. 1 and KRW 110 million of the instant contract No. 2. The Defendant Seoul Guarantee Insurance issued the guaranty insurance policy to guarantee the payment of the contract deposit (10% of the contract amount) under each of the instant contracts on July 10, 2013.
On July 12, 2013, the Plaintiff transferred to Defendant A KRW 200 million as advance payment of the instant contract No. 1 and KRW 100 million as advance payment of the instant contract No. 2.
E. The Plaintiff did not perform the construction work under the instant contract Nos. 1 and 2 from October 24, 2013.