건설도급계약에서의 보증인의 책임범위

The Scope of a Surety Obligation in a Contract for Work

The scope of a surety obligation is decided by a character of adhesion and a contract of surety ship. In an independent contract for work, a contractor owes the obligation of performing the construction and has the responsibility for default on the obligation. In case a contractor didn t perform the construction, the surety of the contract has to perform contractor s all obligations. If there is the agreement of contract depositing in a contract, the orderer could confiscate the contract deposit and the contract come to finish. In this case the surety is not responsible for the damage of orderer no more. The surety should respond to the indemnification claim from the co surety, if another surety for the surety deposit exist. The surety insuring only the performance of the construction, is not entirely free from money damages. But the scope of his obligation is more limited than that of the general surety.