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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 23, 2012, D Co., Ltd. (hereinafter “D”) entered into a contract between the Plaintiff and the Plaintiff on May 23, 2012, under which D would pay the Plaintiff the price for the collection, production, and commercial transport of earth, rocks, and 47 lots (hereinafter “instant aggregate extraction”). The main contents of D’s contract are as follows.
The F of the D representative Director F (hereinafter referred to as the "A") and the representative director G (hereinafter referred to as the "B") of the contractor A corporation shall enter into a contract with each other in relation to the collection and production of earth and rocks by the Bank of Korea:
Article 12 [Guarantee Money] 1) Eul shall pay to Gap KRW 300,000,00 as the deposit for performing a subcontract contract as follows. At the time of a contract, KRW 100,000,000 (2) by June 5, 2012, Gap shall pay to Eul a custody certificate for the said deposit, and it shall be a joint and several surety by the Dispute Resolution CommitteeB.
3) A shall return the performance guarantee within six (6) months from the balance date. Article 15 (Matters of special agreement) A provides that “A” shall allow the landowner and the person implementing the project to peruse or confirm the consent to the contract with B and all relevant documents regarding the project.
2) On-site civil engineering works (road opening, repair works, etc.) and earthing works shall be conducted by Section B, and construction costs incurred therefrom shall be paid by Section B on the basis of the actual input cost, provided that the input cost to Section B shall be paid first with the cost of supplying earth and stone (frames) and that payment shall be made first. 8) If Section B deposits KRW 200,000 in the balance of the performance bond, it shall immediately be made from Section B to the contract guarantee and ratification of this contract.
B. Defendant B (hereinafter “Defendant B”) confirmed on June 15, 2012 that the contract between D and the Plaintiff entered into between the Plaintiff on May 23, 2012 is valid.