1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the subcontractor who was subcontracted the packing work (hereinafter each of the instant construction work and the instant subcontracted construction work) from the Busan Regional Land Management Agency to the brick Construction Co., Ltd. (hereinafter “Co., Ltd.) and the Construction Mutual Aid Association concluded a performance guarantee contract for the instant construction work.

B. On April 16, 2014, the Act was declared bankrupt by Seoul Central District Court 2014Hahap63, and accordingly, the contract and the building agreement between the Busan Regional Land Management Office and the building of walls and the Plaintiff were terminated on May 2014, respectively (hereinafter “instant subcontract”).

C. On August 13, 2014, the Construction Mutual Aid Association announced an emergency bidding notice to the effect that it will select a new surety with respect to the instant construction project, and the Defendant was selected as a contractor for the instant construction project in the bidding process.

(hereinafter referred to as the “tender in this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 3 (including branch numbers), significant facts in this court, the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff's assertion 1) The total construction cost that the plaintiff has to receive from the brick construction is KRW 591,718,56. The brick construction was partially paid, and the plaintiff did not receive the construction cost of KRW 137,835,724 due to bankruptcy.

On August 2014, the Construction Mutual Aid Association announced a public announcement of tender to select a guarantee implementing company, and stated in the public announcement of tender and site site description that the person selected as a guarantee implementing company should bear the obligation to pay for the unpaid on-site, such as the unpaid construction cost, and was subject to a bid for the payment of the unpaid on-site claims, and paid the unpaid construction cost to the subcontractor including the Plaintiff to the Defendant as the “additional cost”.