2. The costs of lawsuit shall be borne by the Plaintiff.

당사자들의 지위 주식회사 A(이하 주식회사를 가리킬 경우 ‘주식회사’를 생략한 각 회사명만 기재한다)은 토목, 건축공사업, 철근콘크리트 공사업 등을 목적으로 설립된 회사이고, 피고들은 토목건축공사업 등을 목적으로 설립된 회사이다.

On March 27, 2019, a simplified rehabilitation procedure was commenced under the Jeonju District Court 2017 Mahap8 with respect to A, and thereafter, a simplified rehabilitation procedure was commenced under the Jeonju District Court 2019 Mahap5 again on June 2, 2020, and the Plaintiff taken over the instant lawsuit from the administrator B of the debtor A.

(A) On January 28, 2014, the Defendants, such as the conclusion of a contract and a subcontract, concluded a contract with E (hereinafter referred to as “instant joint supply and demand”) with the Korea Highway, which is the project owner, entered into a contract for G construction works (hereinafter referred to as “instant construction works”) in the form of joint performance (hereinafter referred to as “instant contract”). The share ratio of the instant joint supply and demand was 50% E, c30%, and d 20%, respectively.

On August 5, 2015, the instant contracting body entered into a contract with the Plaintiff on the terms of subcontracting the construction cost of KRW 1,537,000,000, and the construction period from August 5, 2015 to December 17, 2015 (hereinafter “instant subcontracting contract”).

Article 38 (Cancellation or Termination of Contract) (1) A principal contractor or a subcontractor may cancel or terminate all or part of this contract in writing, if any of the following causes occurs:

3. A prime contractor or subcontractor; and