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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. Basic facts
A. 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)
(2) On November 29, 2009, the Defendant Company D, E, and joint contractors, contracted the “F Corporation” in the form of a long-term long-term contract with the Public Procurement Service on November 6, 2009. On February 28, 2013, the Defendant Company B received a contract on behalf of the Plaintiff on April 29, 201, by setting the construction cost of KRW 8,496,510,00 and December 16, 2013 from February 28, 2013 to December 16, 2013.
B subcontracted the construction cost of KRW 8,745,00,000, and the construction period from April 29, 2013 to October 14, 2014. The instant construction cost was increased to KRW 1,495,00,000 on June 12, 2013, and was reduced to KRW 1,034,10,000 on December 11, 2013.
B. The Plaintiff, who terminated and settled the instant construction contract, commenced the instant construction work immediately upon receipt of the said subcontract. On or around the beginning of December 2013, 2013, the Plaintiff’s “Plaintiff” suspended work without permission from Defendant B from November 30, 2013, and thus delayed its fairness. As such, the Plaintiff urged to do normal work.
The Plaintiff was notified of the termination of the instant construction contract on March 24, 2014 on the ground that the Plaintiff’s application for commencement of rehabilitation proceedings was defective and Defendant B’s application for commencement of rehabilitation proceedings was filed on March 18, 2014.
2 In the course of the instant construction project, the Plaintiff claimed progress payment from May 31, 2013 to January 29, 2014 by submitting performance payment to Defendant B by the method of submitting performance inspectors at the end of each month from May 31, 2013 to January 29, 2014, and received all progress payment claimed from the Defendant B, which verified the said nature of the said work. As of March 24, 2014, the Plaintiff and Defendant B settled the construction payment of the said work amount at KRW 2,482,70,000.
C. Defendant B would undertake the instant construction work suspended on May 1, 2014.