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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. The Korea-Japan Triart Co., Ltd. (hereinafter referred to as “Korea-Japan”) is an executor of the development project of comprehensive cooking (hereinafter referred to as “instant cooking project”) equipped with sppha, container, twitk and ancillary facilities on the lot of Macheon A and 57 parcels, and the Defendant is the contractor of the instant project.
B. On September 22, 2006, Korea concluded the instant contract for construction work (hereinafter “instant contract”) with the Defendant, setting the construction period as twenty-four months from the date of commencement of the construction period and the construction amount as KRW 164,479,700,00 (including value-added tax).
C. The United Nations Investment Securities Co., Ltd., K non-life insurance Co., Ltd., and our Bank Co., Ltd. (hereinafter all referred to as the "Bail") leased funds for the implementation of the instant project to Korea. The lender, on November 16, 2006, lent the funds of KRW 135 billion necessary for the instant project to Korea, the Defendant and the lender to Korea on November 16, 2006, and the BBL Co., Ltd. (hereinafter referred to as the "BL") and BL representative director Co., Ltd jointly and severally guaranteed all obligations to the lender in relation to the instant project.
The deadline for completion of the instant construction under the instant project agreement was May 31, 2009. However, the Defendant failed to complete the instant construction by the deadline for completion, and Korea was unable to repay the principal and interest of the instant construction to the lender until October 15, 2009.
Accordingly, on October 8, 2010, the lender, the defendant, and Korea respectively extended the term of completion of the instant construction on September 30, 201, and the term of repayment of the principal and interest of loans on March 15, 2012. The defendant extended the term of repayment to Korea on March 15, 2012.