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1. The plaintiff's claim is dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.
Reasons
1. Basic facts
A. On July 6, 2015, the Plaintiff entered into a contract with the supplementary intervenor (hereinafter “the supplementary intervenor”) for a construction project with a size of 420 square meters (three stories in a multi-story) of a building on the ground of Gangwonwon C (hereinafter “instant construction project”) to the supplementary intervenor for a construction project with a construction project cost of KRW 700,000,000 for the construction cost (hereinafter “instant existing contract”). The scheduled commencement date is to enter into an agreement within 2015; (1) 40,000,000, out of the down payment of KRW 70,000,000,000, the remainder of KRW 30,00,000,000 for the intermediate payment of KRW 10,000 for the remainder at the time of completion of the construction project; and (2) 20,000,000 for the intermediate payment of KRW 10,000 for the intermediate payment of KRW 10,000 for the remainder.
B. In accordance with the instant existing contract, the Plaintiff paid KRW 40,000,000, out of the down payment on July 7, 2015, to the Intervenor, and paid KRW 30,000,000 in total among the remainder down payment of KRW 30,000,000 and the total of KRW 230,000,000,000, among the down payment for construction work, from August 7, 2015 to August 18, 2015.
C. However, when the commencement of construction has been delayed due to the modification of drawings, etc., on January 27, 2016, the Plaintiff and the Intervenor entered into a contract for the modification of some of the contents of the instant construction (hereinafter “instant contract”). The main contents modified in the instant existing contract are as follows: ① 1.5 square meters in balcony 5 and to be added, ② the scheduled date for commencement of construction work is February 27, 2016; ② the scheduled date for commencement of construction work is KRW 300,000,000 already paid to the supplementary intervenors; ③ the start payment is KRW 100,000,000 for the first intermediate payment and KRW 20,000 for the first intermediate payment at the commencement of construction work; and the second intermediate payment is to be paid before the completion of construction work.
The supplementary intervenor to the defendant, who is the guarantee insurance company, is the defendant of this case.