1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) was awarded a contract for the integrated distribution of the Incheon F new construction from E Co., Ltd. (hereinafter “E”), and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was awarded a subcontract for the telecommunications work (hereinafter “Defendant Co., Ltd.”), and entered into a subcontract in the name of the Plaintiff.

B. D and the Plaintiff drafted a contract on September 1, 2015 with respect to the instant construction project as KRW 1,365,00,000 with respect to the said project (hereinafter “first construction contract”). On September 22, 2015, the Plaintiff drafted a contract under which the construction cost was KRW 1,296,750,000 with respect to the instant construction project between the Defendant Company and the Plaintiff (hereinafter “second construction contract”).

On September 11, 2015, the Plaintiff entered into a guarantee insurance contract with G Co., Ltd. (hereinafter “G”) with the insurance proceeds of KRW 150,150,000, based on the instant contract as the main contract, and issued a performance (contract) guaranty insurance policy (hereinafter “instant insurance policy”) to D.

(d)

During the instant construction work, the Defendant discontinued the construction work on December 2, 2015 and entered the site. D urged the Plaintiff to perform the instant construction work, and if it is difficult to perform the construction work, the Defendant sent an official letter to request the Plaintiff to submit a written waiver of the construction work by January 28, 2016.

E. On February 3, 2016, the Plaintiff sent to D a letter stating that he/she would waive the instant construction work, and thereafter D claims insurance proceeds from G based on the instant guaranty insurance policy. On February 12, 2016, the Plaintiff sent again a letter to withdraw his/her intention to waive the instant construction work and to perform the instant construction work.

F. The Plaintiff is the Defendant, not the Plaintiff, as the actual party to the first construction contract against D as Seoul Southern District Court 2016 Gohap 106323, and the first construction contract constitutes a false representation and thus null and void, and the guarantee insurance contract with G also constitutes a false representation.