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The plaintiff's primary claim shall be dismissed, and the conjunctive claim shall be dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On December 12, 2011, the Plaintiff received a contract on February 24, 2012, 201 from the Defendant DNA (hereinafter “Defendant DNA”) for the creation of the Ui-Eup high-tech general science industrial complex, with the amount of construction cost of KRW 140,3 million, and the construction period of KRW 143 million, and the construction period of February 24, 2012, among the creation works for the high-tech general science and industrial complex (hereinafter “instant construction”).
(hereinafter “instant contract”). Around that time, the Plaintiff received advance payment of KRW 55 million pursuant to the instant contract and commenced the instant construction work, but was suspended around December 2012.
B. Meanwhile, between Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) and the insured, the Plaintiff concluded a contract for performance guarantee with Defendant DNA, the purchase price of KRW 5 million under the instant contract, the insurance period from December 22, 201 to February 24, 2012; the advance payment performance guarantee insurance contract, the purchase price of which is KRW 14.3 million; the insurance period from December 12, 201 to February 24, 201, the return of advance payment under the instant contract; and the contract for performance guarantee with the content of the instant contract as the performance guarantee.
C. The Plaintiff agreed to settle the progress payment and agreed to the contract of this case with Defendant DNA. In addition, the Plaintiff filed a lawsuit against Defendant DNA to pay the remainder of KRW 13,421,928,928 (including advance payment 5,500,000,000,000 won) of the payment of the progress payment and the cost of steel delivery, 20% of the total amount of KRW 77,520,520,570, and the cost of completion payment and the cost of steel delivery, 20,555,942, and the cost of machinery, 11,61,536, total of KRW 11,68,046, which were already paid among the total amount of KRW 11,66,118 (including advance payment 5,500,000) among the instant construction works. However, the Plaintiff filed a lawsuit against the Plaintiff.