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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. On December 5, 2014, the Plaintiff was awarded a contract with the Defendant for the 34,500,000 won (including value-added tax) of the structural aggregate construction among the new construction works for multi-household housing (including apartment towers) on the third floor above Gyeonggi-si C, Gyeonggi-do.
(hereinafter “instant construction contract”). B.
In the special agreement of the instant construction contract, the part for which the Plaintiff is responsible for is the entire framework construction, and the amount of the responsible construction includes all material costs, labor costs, and expenses except ready-mixed and steel bars, and the construction cost shall be paid with the completion of construction and the loan of the bank, and the Plaintiff shall submit a performance guarantee and a certificate of purchase of collateral insurance within two days after the contract is concluded, and the construction cost that the Defendant first handled shall be paid after the settlement.
C. On January 16, 2015, the Defendant notified the Plaintiff that the instant construction contract will be terminated on the grounds that the Plaintiff failed to perform its duty to submit performance guarantee and certificate of repurchase insurance as stipulated in the instant construction contract agreement, and that construction safety measures are not taken at all.
The Plaintiff decided to undertake the structural construction of the instant multi-household housing up to the third floor and the rooftop, and the instant construction contract was terminated under the circumstances where concrete was built on the second floor.
E. From December 6, 2013 to February 15, 2015, the Defendant paid to the Plaintiff a total of KRW 19,194,800 to the Plaintiff and the Plaintiff’s suppliers of materials.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. The Plaintiff asserts that the Plaintiff is obligated to pay KRW 21,875,00, and KRW 5,000,000, and KRW 1,653,000, and KRW 3,835,00, and KRW 6,225,00, and KRW 38,58,00, in total, for material use.
(b) In the contract for construction works, the contractor has been terminated under the condition that the contractor has not completed the construction work, and the contractor has been appointed.