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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a subcontract for construction works between the Plaintiff and the non-party 1 corporation for re-construction (hereinafter “re-construction”) with a contract from the Busan Urban Corporation for the construction works for the construction works for the construction works for the village of the Do governor. On December 27, 2011, the Plaintiff was a party
The construction works of water supply and drainage 2 (hereinafter referred to as the “instant construction works”) between the captain’s village and the construction works of water supply and drainage.
As to the construction work subcontract (hereinafter “instant subcontract”) between December 27, 201 and July 25, 2012, the construction work period of KRW 1,261,70,000, and the construction work period of KRW 27,000 (hereinafter “instant subcontract”).
2) The terms and conditions of the instant subcontract are set forth below.
Article 4 (Deposit for Contract) (1) Except as otherwise provided, a contractor shall pay a contract bond, in cash or by a letter of guarantee, etc., which is determined before the conclusion of the contract.
(2) The contract bond under paragraph (1) may be paid in a letter of guarantee issued by any of the following agencies:
1. In cases falling under any of the following subparagraphs, a contractor or contractor may cancel or terminate all or part of the relevant contract, if the contract is not performed within the said period after giving a written demand to the construction mutual aid association or the defendant to perform a pledge within a specified period of seven days and giving a written demand for the performance thereof:
2. Where the contractor fails to complete the construction by the completion date or it is deemed unlikely to complete the construction by the completion date due to a cause attributable to the contractor;
3. Where an application is filed for dishonor, corporate rehabilitation procedures, or it is deemed impossible to achieve the purpose of the contract due to bankruptcy, insolvent construction works, etc.;
B. Re-construction, such as re-construction and the conclusion of a contract guarantee agreement between the Defendant, is obligated to pay the Plaintiff, who is a guarantee creditor, due to the reason that re-construction is responsible in relation to the instant subcontract, as stipulated in Article 4 of the instant subcontract.