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

A. On February 20, 2017, Co., Ltd. entered into a subcontract (hereinafter “instant subcontract”) with C Co., Ltd. (hereinafter “C”) on the part of the steel-frames construction (two sections) in the urban environment rearrangement project in the Yongsan-do D Area, with the construction cost of KRW 5,069,340,700, the construction period from February 20, 2017 to August 31, 2020, and within 60 days from the date of acquisition of the object for progress payment (hereinafter “instant subcontract”).

The ownership of the materials paid under Article 17 (Payment Materials, etc.) (2) of the General Conditions in the Standard Subcontract for Construction Works shall belong to the principal contractor, and shall not move the materials brought into the construction site of the subcontractor without the written consent of the supervisor.

Article 38 (Cancellation and Termination of Contracts): Where a principal contractor or subcontractor is deemed unable to perform this contract after receiving a disposition of suspension of transactions from a financial institution, the whole or part of the contract may be rescinded or terminated.

Paragraph (7) 3: To return the remaining materials, other than those used for the completed portion of the construction among the payment materials pursuant to Article 17, to the principal contractor without delay.

B. C was settled in default on April 17, 2018, and A, around April 19, 2018, notified C of the termination of the instant subcontract on the ground of Article 38(1) of the General Conditions of the instant subcontract agreement.

C On May 11, 2018, Seoul Rehabilitation Court Decision 2018 Ma10087 decided to commence rehabilitation proceedings and the representative E was considered as the custodian.

C. By April 2018, A Co., Ltd. supplied C with approximately 418 tons of steel materials listed in the separate sheet (hereinafter “the instant steel materials”) for the instant subcontract, and C processed part of the steel materials supplied for the instant steel construction, but did not deliver them to A on the wind disposed of, and is still under custody and possession of the instant steel materials at a voice plant until now.

Plaintiff

On June 4, 2018, B Co., Ltd., a litigation taking place, is a case of this case by A.