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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 defendant is a mutual aid association established under Article 54 of the Framework Act on the Construction Industry.
B. On April 10, 2012, the Plaintiff entered into a construction contract with B Co., Ltd. (hereinafter “B”) for the construction work cost of KRW 2,150,000,000 (including value-added tax), April 11, 2012, the date of commencement, and the date of completion of the completion of the contract, with the amount of KRW 430,00,000, which is determined as contract deposit, February 28, 2013; and the contract deposit of KRW 430,00,000 (hereinafter “instant construction contract”).
C. The main contents of the instant construction contract (hereinafter “instant construction contract”) are as follows.
Article 1 (General Provisions) The plaintiff and B shall implement the contract in good faith through mutual cooperation on equal terms.
Article 4 (Deposit for Contract) (1) B shall pay in cash, etc. to the Plaintiff before the conclusion of the contract the contract bond stipulated in the contract in order to guarantee the performance of contractual obligations.
(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:
1. Where a contract is terminated or terminated due to the reasons provided for in the subparagraphs of Article 5 (Disposition of Contract Bond) (1) of the letter of guarantee issued by each mutual-aid association under Article 54 (1) of the Framework Act on the Construction Industry, the contract bond paid under Article 4 shall revert to the plaintiff;
Article 31 (Cancellation, etc. of Contracts by Plaintiffs) (1) In cases falling under any of the following subparagraphs, the Plaintiff may cancel or terminate all or part of the contract:
2. Where it is evident that there is no possibility to complete the construction work within the completion date due to the reasons attributable to B.
4. Other cases where it is deemed impossible to achieve the purpose of the contract due to the violation of the contract terms and conditions set forth in paragraph (1).