Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. As of the date of the contract of basic facts, the payment of the construction cost of KRW 9.54.4.5 billion up to the expiration date of October 31, 2006 on October 30, 2006, until March 30, 2007, under the condition that the construction cost of KRW 9.17.7.3 billion, KRW 9.1.6.3 billion, KRW 50% in cash, and KRW 70% in cash, and the remainder of 70% in payment to some households of the apartment of this case.
A. On November 29, 2005, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract with the Plaintiff on the instant apartment construction project (hereinafter “instant apartment”) as a project proprietor for the construction of real estate listed in the separate sheet (hereinafter “instant apartment”), and revised the terms of the contract on January 9, 2006 and October 31, 2002.
B. The Plaintiff received a total of KRW 2,598,049,018 from Defendant B for the construction price of the instant case. From May 8, 2006 to March 20, 2008, the Plaintiff received promissory notes and per unit shares issued by another company and issued to the subcontractor for the payment of the subcontract price, but the Plaintiff refused to pay all of them.
C. On March 16, 2007, the Plaintiff temporarily suspended the instant construction work on the grounds that Defendant B’s payment for the completion of the construction project and the refund of the Promissory Notes delivered, etc.
8. The last discontinuance was made on November 1, 2007, and the defendant B drafted a statement of waiver of construction (hereinafter “written waiver of this case”) stating that “the relationship between giving up all the execution rights of the instant construction and the settlement of accounts is separate from the defendant B” to the defendant B.
The apartment of this case was not completed on January 25, 2008, and the registration of ownership preservation was made in the name of Defendant B for each household on January 25, 2008, and on April 13, 2009, Defendant Non-K Industrial Development Co., Ltd. (hereinafter “Defendant Non-K Development”) received from Defendant B a letter of waiver of the above construction works prepared by the Plaintiff on April 13, 2009, and it is below the land and business right transfer contract related to the apartment of this case with Defendant