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1. The Defendants jointly share KRW 281,90,000 with respect to the Plaintiff and the period from April 22, 2016 to November 25, 2016.
Reasons
1. Basic facts
A. On August 31, 2009, the Plaintiff entered into a contract for the construction of the new factory on the ground B of the Defendant New Pungdong Co., Ltd. (hereinafter “Defendant New Pungdong Construction”) and Asan City, with the construction cost of KRW 5,672,560,00 (excluding value-added tax) for the new construction of the factory on the ground B of the Asia-si, and the commencement date of the construction work on August 31, 2009, and six months from the commencement date of the construction (three months after the commencement date of the factory1 and two Dongs) for the completion date of the construction work, and as a result of partial modification of the design, the Plaintiff changed the contract to the construction cost of KRW 6,201,40,000 (excluding value-added tax) for the construction cost of May 17, 2010 and the completion date of the construction work on May 17, 2010, respectively.
(hereinafter referred to as the “instant construction work”) B.
The Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Guarantee Insurance”) and the insured Co., Ltd. (hereinafter “Defendant Guarantee Insurance”) concluded a performance guarantee insurance contract (hereinafter “instant guarantee contract”) between the Plaintiff, the purchase amount of insurance amount of KRW 434,098,000, and the insurance period from July 11, 2010 to July 19, 2015 (hereinafter “instant guarantee contract”).
C. On October 25, 2010, the Plaintiff was approved for the use of a factory newly built by the instant construction project (hereinafter “instant factory”) and around that time paid KRW 6,821,540,000 for the construction cost under the instant construction contract to Defendant New Pung General Construction.
After the process of the relevant civil litigation, Defendant New Pung General Construction filed a lawsuit against the Plaintiff seeking payment of additional construction costs equivalent to KRW 340,578,700 (this court 2013Gahap3326). However, this court concluded a modified contract between the Plaintiff and Defendant New Pung General Construction on November 28, 2014, which entered into an amended contract between the Plaintiff and the Defendant New Pung General Construction on May 17, 2010 to increase the construction cost in KRW 528,840,00.