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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 November 5, 2007, E implementing the project of constructing a new neighborhood living facility building (D; hereinafter “instant building”) with the 4th underground floor and 12th floor above the Incheon Nam-gu, Incheon Metropolitan City, contracted the construction of the instant building to F Co., Ltd. (hereinafter “F”) on November 5, 2007. While F completed only 10.71% of the total construction, G Co., Ltd (hereinafter “G”) retired from the said contractual relationship and went into the construction project following the remainder.
B. On January 20, 2014, the Plaintiff acquired the status of contractor for the construction of the instant building from G between E, an executory agent company H (hereinafter “H”) and G, and thereafter, entered into a contract with G to receive a subcontract from G (the total contract amount of KRW 26.4 billion and KRW 4.7 billion out of the remainder of the contract amount excluding the construction cost paid to EF from the total contract amount of KRW 26.4 billion, and the Plaintiff’s contract amount of KRW 19.47 billion, and the standard subcontract form of the construction work was certified by a notary public as KRW 1090,00,000,000, such as Yellow Sea, etc.). From that time, the construction of the instant building was commenced.
C. B Co., Ltd. (hereinafter “B”) subcontracted a reinforced concrete construction project among the instant new construction works from the Plaintiff on March 12, 2014 and carried out construction work.
As the Plaintiff was not paid with respect to the construction work of this case by E, the Plaintiff’s letter of guarantee for payment (guarantee) as of May 2, 2014 between the Defendant and the Defendant’s actual manager I as follows:
[Written Statement of Payment (Guarantee)] The plaintiff and the above-mentioned letter (Defendant and I) are drawn up.
The parties agreed to settle the total expenses paid by the Plaintiff in relation to the instant building construction project at KRW 2 billion, and each letter shall pay the above settlement amount to the Plaintiff as follows.