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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 9, 2014, the Plaintiff entered into a contract for construction works with Defendant CK Construction Co., Ltd. (hereinafter “CK Construction”) on the following terms: (a) a construction agreement on construction works (hereinafter “instant construction agreement”) for the construction works for the storage of a cccream (Absorberling: 2 lot, Duct Cring: 2 lot, Stile & T Bank: 1 lot; hereinafter “instant facilities”); and (b) the said Defendant entered into a contract for the construction works (hereinafter “instant construction”).
(Evidence A 1 and 2) - The date of commencement - December 9, 2014 - The construction completion date on March 20, 2015 - The construction contract amounting to KRW 579,700,000 - Contract amounting to contract performance guarantee securities: 10% of the contract amount - Compensation for delay: the contract amounting to 2/1,000 of the contract amount per day of delay per day of the contract amount of this case to the Plaintiff’s workplace and manufacture the instant facilities by sending the necessary materials from the Plaintiff to the Plaintiff’s workplace.
The Plaintiff supplied all raw materials of “ABS CASING”, “DUTS CASING”, and “SILO & TNK” (paragraphs 1 through 3 of each of paragraphs 1 and 1 of this Article), and provided the high seas with such materials as expendable materials, safety goods, weldeds, and melting machines (Paragraph 6 of this Article). (b) Defendant CK construction concluding a performance guarantee insurance contract on January 6, 2015 (hereinafter “Seoul Guarantee Insurance”) is the Seoul Guarantee Insurance Company (hereinafter “Seoul Guarantee Insurance”).
In relation to the Defendant, the Defendant’s Seoul Guarantee Insurance Co., Ltd. concluded a performance guarantee insurance contract stating that “The amount of damages suffered by the Plaintiff is up to KRW 52,700,000 by failing to perform the obligation under the instant contract without any justifiable reason,” and issued the performance guarantee insurance policy from the Defendant Seoul Guarantee Insurance Co., Ltd., and issued it to the Plaintiff.
C. As from December 9, 2014, Defendant CK Construction suspended the instant construction, but was suspended from February 17, 2015 and was on February 23, 2015, to the Plaintiff.