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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 Plaintiff is a special purpose corporation with the objective of constructing and operating an urban development project site for the Korea Electric Cable Factory.
T&C Construction Co., Ltd. is a company whose purpose is construction business, a company which entered into an asset management business entrustment agreement with the Plaintiff regarding asset management, operation and disposal for the progress of the business site for electric wires, which was decided on May 27, 2014 to be decided on commencement of rehabilitation procedures with Suwon District Court 2014hap40, Jan. 28, 2015, and the Defendant is a custodian.
(hereinafter referred to as the “Defendant”). B.
On September 27, 2012, the Plaintiff entered into a standard contract agreement for private construction works with the Defendant, setting the contract amount to 10% of the contract amount, 3% of the contract amount, and 1/1000 of the compensation rate for delay, with respect to the construction for sites for smart Quaker Urban high-tech industrial complex (hereinafter referred to as “site creation works”), and changed the construction period and the contract amount as indicated below.
The first revised contract (including value-added tax) between October 15, 2012 and September 22, 2013, 200,000 (including value-added tax) of the first revised contract during the construction period (the original contract) as of the date of signing the contract on September 27, 2012, to September 30, 2013; the second revised contract on December 4, 2012, 17,450,000 as of August 27, 2012 to May 31, 2014; the third amended contract from October 15, 2012 to May 31, 2014 to October 30, 2014; the second amended contract from October 25, 2014 to June 30, 2014; and the second amended contract on May 30, 2014 to May 31, 2014;
C. On February 18, 2013, the Plaintiff entered into a private construction contract with the Defendant on a set of 3% warranty rate for the construction of a new parking lot for Quaker underground (hereinafter “ underground parking lot construction”) and 1/100, and changed the construction period and contract amount as indicated below.
The first contract for the construction period (cost) between February 25, 2013 and September 30, 2013, 2013 to September 30, 2013, the second contract for the second alteration as of September 26, 2013 to May 31, 2014.