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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2, 2011, the Defendant concluded a contract with C Co., Ltd. (hereinafter “C”) and the Defendant concluded a contract for the supply of and demand for the Yan Industrial Complex Civil Works (hereinafter “instant construction”) in the construction cost of KRW 2290 million (excluding value-added tax).
B. On April 12, 2011, the Defendant and C concluded a modified contract to add KRW 480 million (excluding value-added tax) to the construction cost when the Defendant agreed to additionally construct the parts omitted in the said contract (hereinafter “instant contract”).
C. On May 11, 2011, the Defendant entered into a mortgage agreement with C, and concluded a joint collateral security agreement with respect to each real estate listed in the separate sheet No. C owned by C as the secured claim for the construction cost under the instant contract, and completed the joint collateral security agreement with the Suwon District Court No. 72547, May 11, 201 with respect to each of the said real estate, as the receipt of the maximum debt amount of KRW 3 billion with respect to each of the said real estate.
In accordance with the instant contract, the Defendant continued the instant construction work until April 30, 201, and was confirmed by C that the construction cost (on April 201, KRW 917.4 million) was KRW 91,740,000,000, and thereafter until May 31, 2011, and the construction cost (on May 201, 201) was KRW 16,610,000,000,000, and thereafter until June 30, 2011 (on June 201, hereinafter collectively referred to as “the instant period construction cost”); and the claim was confirmed by C as KRW 38,50,000,00.
E. On June 30, 201, the Defendant suspended the instant construction project on or before June 30, 2011, where C did not pay KRW 200 million to the Defendant after 60 days from the commencement of the construction pursuant to the instant contract.
F. On September 6, 2011, E, the husband and actual operator of D, the representative director of C, recognized the term of the instant case and the construction cost on behalf of C, and repaid until September 30, 201.