The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

The plaintiff is a company aimed at the supply of electricity and control equipment production and sales business, and the defendant is a company that aims at the engineering and maintenance business of environmental facilities.

On December 31, 2018, the Defendant entered into a contract for the supply of machinery and equipment with the content of supplying, installing, and completing trial operation, one of the main facilities of construction works for heating supply facilities C and D Co., Ltd., and one of the main facilities of the construction works for heating supply facilities.

On April 19, 2019, the Defendant concluded a contract with the Plaintiff for the manufacture and installation of Dheat Supply Facilities E (hereinafter “instant contract”) with the content of re-contracting certain items and work among the contract for the supply of machinery and materials (hereinafter “instant contract”) as the contract amount of KRW 1,448,203,90 (value-added tax separate, KRW 1,246,203,90,000, and KRW 202,00,000,000, for the installation of private supplies), from April 18, 2019 to October 31, 2019, from May 15, 2019, and from August 31, 2019.

As to the payment of the down payment to the Plaintiff, the Defendant paid the down payment of KRW 434,461,170 (30% of the contract amount) within 15 days after the issuance of contract performance securities, and paid the intermediate payment of KRW 868,922,340 (60% of the contract amount) at the rate of origin, such as the production, storage, inspection, supply, and completion of installation (the settlement period: the settlement period: the settlement period on the 10th of the following month after the settlement of the 25th of each month), the balance of KRW 144,820,390 (10% of the contract amount) from the side of the original office after complete performance of the contract, including the completion of the trial operation.

Article 12 (Cancellation and Termination of Contract) ① “A (the Defendant; hereinafter referred to as “A”)” of the instant contract may cancel or terminate all or part of the contract in any of the following cases:

2. Where “B” fails to perform an important obligation under this Agreement;

4. The causes attributable to “B” are attributable.