Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 14, 2012, the Geum River Construction Co., Ltd. (hereinafter “ Geum River Construction”) entered into a contract for construction work for the construction work for the Jeonnam Bosung-gun (hereinafter “Neongsung-gun”) and the construction work for the construction work for the ecological park for tourist melting (hereinafter “instant construction work”) at KRW 7,278,417,790.
The construction of Geum River was changed to KRW 7,637,430,000 on December 26, 2013, the total construction cost of the said contract was changed to KRW 7,637,430,00.
(b) The relevant Acts and subordinate statutes are listed in Appendix 1.
The instant construction project constitutes a long-term continuing construction project, and thus, the Bosung-gun concluded an annual contract with the Geum River Construction. Accordingly, the instant construction contract for the instant construction project was concluded on three occasions on May 14, 2012. On June 24, 2013, a contract for the instant construction project with the construction cost of KRW 4,000,000 for the first portion among the instant construction works, and a contract for the construction cost of KRW 900,000 for the second portion among the instant construction works on June 24, 2013, with the construction cost of KRW 937,430,000 for the third portion among the instant construction works on March 20, 2014, respectively.
C. The Plaintiff had the claim amounting to KRW 4,946,098,366 against the Geum River Construction. However, the Plaintiff filed an application with the court for a seizure and collection order against the claim for the construction price, the construction of Geum River Construction, with the execution bond as the above claim, and received the seizure and collection order from the court on April 17, 2014 (hereinafter “instant collection order”).
The court stated, upon request of the plaintiff, the claims to be seized and collected from the collection order of this case, as shown in attached Form 2.
E. Meanwhile, on the other hand, on November 10, 2015, Bosung-gun deposited KRW 1,124,93,207, which was the second installment of the instant construction project, with the Gwangju District Court No. 5945 in 2015. As to the said deposit, the said deposit was made on March 29, 2016, the distribution schedule of this case (hereinafter “instant distribution schedule”).