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1. The Defendant’s KRW 267,080,00 for the Plaintiff and KRW 6% per annum from August 21, 2014 to June 3, 2015.
Reasons
Basic Facts
On August 7, 2013, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Defendant’s Intervenor, setting the subcontract amount of KRW 5,080,130,000 (including value-added tax) and the construction period from August 9, 2013 to May 23, 2016 (hereinafter “instant subcontract”).
A construction subcontract agreement;
8. Contract bond: KRW 508,013,00 (Contents: 10% of the subcontract amount, guarantee securities) conditions for the subcontract of construction works, Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) The plaintiff and the defendant supplementary intervenor shall mutually guarantee the execution of contracts and the payment of contract price by the following methods:
1. The method by which the intervenor joining the defendant guaranteed the plaintiff the contract amount of an amount equivalent to 10% of the contract amount. (4) The guarantee between the plaintiff and the defendant joining the contract pursuant to the provision of paragraph (1) shall be paid in cash or delivered in the letter of guarantee pursuant to the following subparagraphs:
1. Where a guarantee issued by a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and guarantee agency equivalent thereto, including the Korea Credit Guarantee Fund, falls under any of the following subparagraphs, an intervenor for the plaintiff or defendant may cancel or terminate all or part of the relevant contract, if the contract is not implemented within the said period after demanding the payment of the contract in writing, fixing a reasonable period:
2. Article 7 of the special agreement for a contract when it is impossible to complete the construction work within the air due to any cause attributable to the defendant's assistant intervenor, such as dishonor, bankruptcy, rehabilitation, rehabilitation procedures, workshops, provisional seizure, wage, etc., or it is impossible to normally implement the terms and conditions of the contract: The guarantee period of contract performance securities and advance payment guarantee securities shall be issued and submitted from the date of the contract for the construction of this case to the date of completion;
Article 9:
A. Defendant.