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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts under the circumstances of the case do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to each description of Gap evidence Nos. 1 to 9 and Eul evidence Nos. 1 to 28 (including each corresponding number, if any).
On October 9, 2009, the Defendant entered into a contract for construction works with the Korea Land and Housing Corporation and A Housing Site Development Project Development Project (one construction section) on October 23, 2009 and the date of completion on February 15, 2013 (the construction period was extended by April 15, 201 as a result of the subsequent design modification, extended by February 15, 201).
B. On February 1, 2012, the Defendant: (a) requested “the part of the rock and retaining wall construction (hereinafter “instant construction”) to Company B (hereinafter “Nonindicted Company”); (b) concluded a construction subcontract (hereinafter “instant construction contract”) with respect to the instant construction project with respect to the Nonparty Company and the construction period from February 1, 2012 to December 31, 2012, including the following:
Article 4 (Adjustment with Related Construction Works) (1) If it is necessary to adjust with the Corporation related to the Contract (hereinafter referred to as the "Related Corporation") in order to facilitate the execution of the Contract, A may change the construction period, construction contents, contract amount, etc. of this Corporation after consultation with B.
(2) "B" shall closely cooperate with the constructors of the relevant construction works and cooperate in the smooth completion of the contracted construction works.
Article 7 (Execution of Contracts and Guarantee for Payment of Contract Price) (1) "A" and "B" shall guarantee each other the execution of contracts and the payment of contract price by any of the following methods:
1. “B” means a method of guaranteeing the performance of a contract equivalent to 10% of the contract amount to “A”.