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1. Each of the lawsuits filed by Plaintiffs C, J, and the Intervenor shall be dismissed.
2. An independent party intervenor on December 19, 2013.
Reasons
The main lawsuit and the lawsuit of independent party intervention shall be considered together.
1. Basic facts
A. On January 30, 2012, Nonparty Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter “O”) concluded a contract amount of KRW 13.629 billion (including additional tax) with respect to “the construction work of the PP factory facilities (hereinafter “the instant prime contract”)” from the Intervenor of the parties to the contract, with the date of completion fixed as of September 15, 2012, and subcontracted part of the said construction work to 11 (hereinafter “the instant subcontractor”), including the Plaintiffs, the rest of the Plaintiffs except Plaintiff C, and J, and the Defendants, etc. (hereinafter “the instant subcontractor”), each of the said subcontractors subcontracted part of the said construction work (hereinafter “each of the instant prime contract”).
(2) The instant subcontractor completed the construction work (including the supply of goods, etc.) in accordance with each subcontract, but the O paid part of the price to the said subcontractor.
3) On March 4, 2013, the Intervenor completed the construction under the above original contract, issued to theO a certificate of completion of factory performance for the facilities of the original contract, and subsequently acquired the above facilities. (B) The Intervenor paid KRW 1,36,290,000 as advance payment on February 29, 2012, KRW 1,244,05,120, KRW 120,000 for progress payment on April 19, 2012, KRW 1,649,654, KRW 160, KRW 160, KRW 1,95, KRW 280, KRW 60, KRW 60, KRW 600, KRW 280, KRW 1,985, KRW 1,60, KRW 280, KRW 1,581, KRW 285, KRW 2985, KRW 196, KRW 208,584,2012.
2) On February 16, 2012, a party intervenor: (a) leased the first and second floors of a cafeteria of a factory restaurant building owned by the party intervenor Q at Q, for the purpose of O’s site offices of the instant prime contract; (b) monthly rent of KRW 792,00 (payment on February 1, 201, the lease period from February 16, 2012 to October 31, 2012).
However, O.O.