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1. The plaintiff's claim against the primary defendant is dismissed.
2. Preliminary Defendant KRW 207,766,572 and the Plaintiff.
Reasons
1. Basic facts
A. (1) On April 1, 2016, the primary Defendant entered into a contract for construction works (hereinafter “instant First Works”) with the conjunctive Defendant
period shall be from April 1, 2016 to August 31, 2016; and the contract amount shall be 862,40,000 won (including value-added tax; hereinafter the same shall apply) for the construction period.
(2) On April 8, 2016, the primary Defendant awarded a contract for B’s interior works (hereinafter “instant secondary works”) to the conjunctive Defendant on April 8, 2016, setting the construction period from April 11, 2016 to August 31, 2016, and the contract amount at KRW 982,30,000.
With respect to each contract for construction works of this case, the conjunctive defendant and the primary defendant shall enter into a contract under the following provisions:
§ 15.(Prohibition against Representation)
1. In advance, 30% of the contract amount shall be paid in cash on a non-regular basis (the 10th day of each month, 25th day) on a non-regular basis;
2. The intermediate payment may be made after the primary defendant's assessment during the construction period, and 60% of the contract amount shall be paid in cash on the 30th of the following month after the expiration of the construction period.
Provided, That the total amount of advance payments shall be replaced when making interim payments.
3. Any balance shall be paid in cash on the 30th of the following month after the completion of the construction work.
Article 21 (Prohibition of Subcontract) The conjunctive defendant shall not subcontract the whole of the construction to a third party without the prior approval of the primary defendant.
Article 24 (Cancellation of Contract) The primary defendant may cancel the contract where it is deemed difficult to perform the contract after seven days after the peremptory notice is given to the conjunctive defendant in the following cases:
If it is determined that the conjunctive defendant could not perform the obligations of this Agreement
(b) it is determined that the construction has not been completed or completed within the prescribed period;
(c) Where the credits of the preliminary defendant are significantly decreased due to the suspension of payment or bankruptcy; and
D. When an act is committed in violation of each provision of this Agreement, the provisions relating to this case in each of the instant construction contracts shall be as follows: