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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 21, 2015, the Defendant entered into a contract for the extension of the Defendant’s factory located in E (hereinafter “instant contract”) (hereinafter “instant construction contract”) on November 30, 2015, with the payment for construction work as KRW 8,886,90,00 (including value-added tax) and the completion date of the completion of the construction project on November 30, 2015 (hereinafter “C”) and the date of the completion of the construction project (hereinafter “instant construction”).
B. According to the instant contract, C is KRW 88,690,000 (including value-added tax) to pay to the Defendant to guarantee the performance of its obligations under the said contract. Article 5(1) of the “General Conditions of the Contract for Private Construction Works” incorporated into the instant contract provides that “If the contract is terminated or terminated, the contract bond shall be paid to the Defendant as penalty against breach of contract.”
C. On May 20, 2015, the Plaintiff, the Defendant, and C agreed to set up a collateral security right of KRW 888,690,000 under the name of the Defendant with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) instead of paying the contract deposit as stipulated in the instant contract. On May 20, 2015, the registration of establishment of a collateral security right in the name of the Defendant was completed on May 21, 2015, under the title of the Cheongju District Court Mosan District Court No. 10690 (hereinafter “registration of establishment of a collateral security right in the instant real estate”).
C is proceeding with the instant construction project.
Around April 1, 2016, the Defendant sent to C a content-certified mail stating that “The instant construction is completed by April 15, 2016, which is the scheduled completion date, because the instant construction is not resumed even after the period of suspension of construction has expired.”
1. C At the same time submit a letter of waiver of construction works, and at the same time, powers and rights under the instant contract.