1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 19, 2013, the Plaintiff contracted the construction work for the installation of the “Korea Light Light Power Plant” (hereinafter “instant construction work”) at KRW 1.1 billion in the cost of construction to a person who was appointed as a manager on the same day after having received a decision on commencing the rehabilitation procedure under the Seoul Central District Court Decision 2014 Mahap555, March 21, 2014; hereinafter “Defendant” including before and after the decision on commencing the rehabilitation procedure was rendered.

B. On March 17, 2014, the Defendant filed a lawsuit against the Plaintiff seeking construction cost reimbursement of KRW 225,225,000 and delay damages due to the Seoul Central District Court Decision 2015Gahap53282, supra, after completing the instant construction project and delivering solar power plants, which are the object of the construction.

(B) The Plaintiff and the Defendant asserted the deduction of 55 million won (total construction cost) of the warranty bond under the construction contract of this case, which was not paid to the Plaintiff in the above litigation procedure, and the court of first instance did not accept the allegation of the deduction of the warranty bond, but accepted the Plaintiff’s simultaneous performance objection on the ground that the allegation of the deduction included concurrent performance defense that the construction cost equivalent to the amount cannot be paid until the Defendant received the warranty bond from the Defendant.

On January 29, 2016, the court of first instance sentenced the Defendant to the effect that “The Plaintiff shall pay the Defendant the amount of KRW 225,225,00 and KRW 55,00,000,00 from the payment of the warranty bond equivalent to the same amount, and the warranty bond issued by the issuing agency of the warranty bond, each letter or each contract for construction works, and the amount of KRW 170,225,00 shall be paid at the same time from April 1, 2014 to May 28, 2015, with the amount of KRW 13% per annum and the amount of KRW 15% per annum from the next day to the date of full payment.”

(c)the court of first instance;