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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On September 23, 2015, the Plaintiff entered into a negotiated contract with the Defendant regarding “construction works for improvement of the results of the Second Traffic Safety Facilities Deliberation Committee in 2015” (hereinafter “instant construction contract”) on October 15, 2015, setting the contract amounting to KRW 42,952,100 on the date of commencement, October 15, 2015, and October 29, 2015 on the date of completion.
B. On October 5, 2015, the Plaintiff submitted a commencement date and commenced construction work. However, on October 8, 2015, the Defendant sent a notice to the Plaintiff that it is difficult for the Plaintiff to perform the construction work due to the counterparty’s default, bankruptcy, dissolution, suspension of business, registration of business or business, authorization, permission, etc. under Article 30-2(1)6 of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”) and other reasons. In addition, it is difficult for the Plaintiff to secure the amount of future claims, such as the suspension of bank transactions due to default, and the transfer of claims arising under the special conditions of the Hagu-gun Construction Contract at the time of the conclusion of the construction contract, and that the Plaintiff did not raise any objection thereto on October 12, 2015.
C. On October 28, 2015, the Defendant issued a prior notice following the restriction on the qualification for participation of unjust enterprisers to the Plaintiff. On November 24, 2015, on the grounds that it is difficult for the Plaintiff to perform the contract due to the suspension of banking transactions by the National Federation of Banks, Article 31 of the Local Contracts Act, Article 92 of the former Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (amended by Presidential Decree No. 26899, Jan. 15, 2016; hereinafter “former Enforcement Decree of the Local Contracts Act”), Article 76 of the former Enforcement Rule of the Act on Contracts to Which a Local Government Is a Party (amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 60, Jan. 15, 2016).
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