1. Of the principal lawsuit of this case, the part demanding confirmation of the non-existence of the obligation to pay the performance bond and the counterclaim of this case.

1. Basic facts

A. The status of the parties is that the contractor of the construction project that newly constructs F apartment (hereinafter “instant apartment”) in Bocheon-si G. The Plaintiff is the subcontractor who subcontracted the “in-house and light-weight construction” (hereinafter “the instant construction project”) among the said new construction project from the Defendant.

B. On February 23, 2016, the Plaintiff entered into the instant subcontract with the Defendant, and entered into the instant subcontract (hereinafter referred to as the “instant subcontract”) with respect to the instant construction project as “the construction period: from February 23, 2016 to April 30, 2017, the contract amount: KRW 2.31 billion (including value-added tax)” (hereinafter referred to as “instant subcontract”).

C. The Plaintiff filed a claim against the Defendant for the payment of the progress payment of KRW 2 billion in total from March 31, 2016 to March 31, 2017. The Defendant paid KRW 1.62 billion in total to the Plaintiff from April 11, 2016 to March 20, 2017. Upon the Plaintiff’s request, the Plaintiff paid KRW 49,823,000 in total and KRW 1.62 billion in total to the Plaintiff. At the Plaintiff’s request, the Plaintiff paid labor expenses of KRW 337,11,948 in total to the Plaintiff.

On April 21, 2017, the Defendant terminated the instant subcontract. On April 21, 2017, the Defendant sent to the Plaintiff a document verifying the termination of the instant subcontract on the ground of the instant delay in construction, and the said document certified mail reached the Plaintiff around that time.

E. On August 11, 2017, the Plaintiff received a decision to commence rehabilitation procedures from the Seoul Rehabilitation Court 2017 Ma100129. On January 10, 2018, the Plaintiff received the decision to commence rehabilitation procedures from the Seoul Rehabilitation Court 2017 Mahap10129. On March 10, 2018, the decision to discontinue rehabilitation procedures was issued on March 26, 2018. (2) C Co. received a decision to commence rehabilitation procedures from the Changwon District Court 2018 Ma1012, Apr. 4, 2018. The Plaintiff reported 602,850,047 won as rehabilitation claims, but the Defendant raised an objection thereto.

Accordingly, the Plaintiff taken over the instant litigation procedure with the Defendant as the other party.

【Legal basis for recognition】