공사대금
1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.
2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).
1. Facts of recognition;
A. On July 2015, L Co., Ltd. (hereinafter “L”) awarded a contract to M Co., Ltd. (hereinafter “M”) for construction work (hereinafter “instant N”) as KRW 1.6 billion for the construction work cost, and ② the construction of the instant NE-based O-based O-based O-owned Construction Work (hereinafter “instant O-owned Construction Work”) respectively.
B. On October 27, 2015, the Defendant acquired the contractor status for each of the instant construction works from M and subsequently continued each of the instant construction works from around that time.
C. On December 14, 2015, the Defendant awarded a subcontract for construction, electricity, and electricity among the N in the instant N, with the construction cost of KRW 1,287,90,000, and the construction period from December 14, 2015 to February 29, 2016, with the construction cost of KRW 170,00,00 among the instant O construction works, and the construction cost of the instant O construction works, among the instant O construction works, was set at KRW 170,00,000.
L entered into an agreement on February 5, 2016 that R’s agent R and Q succeed to each of the instant construction works, and that “The instant construction works shall be responsible for and completed at KRW 3 million per square year until March 10, 2016 and KRW 2.7 million per square year, respectively.”
E. On February 29, 2016, the Defendant notified L of the purport that “it shall not proceed with the construction work in the event that it fails to provide a security for the unpaid construction cost of each of the instant construction works,” and notified L of the fact that “the construction work will be suspended as of March 3, 2016, since each of the instant construction cost, etc. was not paid.”
L, on the same day, agreed that the contract for each of the instant construction works is terminated on March 3, 2016 on the ground that M and the Defendant were defective construction works, etc.
F. L succeeds to R on March 9, 2016, and Q succeeds to M and the Defendant, and continues to perform each of the instant construction. ② L directly pays each of the said construction costs to Q, and ③ The remaining amount of each of the said construction costs includes options, such as lending.