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1. All of the plaintiff's claims are 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”)
(C) and C Co., Ltd. (hereinafter referred to as “C”).
D Co., Ltd. (hereinafter referred to as “D”) by investing 50% each by 50%.
A) Around April 6, 2011, D entered into a concession agreement on “E business” with the Si of Busan, and around October 4, 2011, Defendant B and C entered into a joint contract with D for E business (hereinafter “instant construction”). Defendant B entered into a contract with D for E business (hereinafter “instant construction”). Defendant B entered into a subcontract with the Plaintiff on April 26, 2012 with the consent of C for the cost of the instant construction work in KRW 11,979,000,000.
(hereinafter referred to as the “instant subcontract”) B.
On April 26, 2012, Defendant B entered into a payment guarantee contract for subcontract consideration with Defendant Construction Mutual Aid Association and “B fails to fulfill the obligation to pay the instant subcontract consideration to the Plaintiff” and, on April 26, 2012 through June 19, 2014, Defendant Construction Mutual Aid Association entered into a contract under which Defendant Construction Mutual Aid Association will pay the unpaid subcontract consideration to the Plaintiff within the limit of KRW 915,592,350 (hereinafter “instant guarantee contract”) and issued a payment guarantee certificate for subcontract consideration to the Plaintiff.
C. On October 22, 2012, Defendant B filed an application for commencement of rehabilitation proceedings with this Court No. 2012 Gohap206 on October 22, 2012, and this Court rendered a decision to commence rehabilitation proceedings with respect to Defendant B on November 2, 2012.
(The above rehabilitation procedure against Defendant B was completed on April 20, 2015, prior to the filing of the instant lawsuit). Meanwhile, the instant construction was interrupted by the commencement of the rehabilitation procedure against Defendant B.
Agreement between the Plaintiff and C, and F Co., Ltd. 1) The Plaintiff, C, and F Co., Ltd. (hereinafter “F”).
Around June 2013, C and F agreed on the payment of the unpaid subcontract price, etc. for the instant construction to the Plaintiff, and its main text.