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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into each of the instant subcontracts 1) The construction work of the building in Jung-gu Seoul Metropolitan Government (hereinafter “instant new construction work”) from the superior public corporation
(2) On June 1, 2012, the Plaintiff entered into a subcontract to enter into a contract with Defendant Nitex Co., Ltd. (hereinafter “Defendant Nitex”) to set the contract amount of KRW 1,120,90,000 (including value-added tax) and the construction period from June 1, 2012 to May 31, 2014 (hereinafter “instant subcontract for electrical and fire-fighting works”).
3) On June 14, 2012, the Plaintiff is the Communications Corporation (hereinafter “instant Communications Corporation”) among Defendant Nitex and the New Construction Corporation (hereinafter “New Construction Corporation”). On June 14, 2012, the Plaintiff is called “each of the instant subcontracted projects” when combining all of the aforementioned construction works.
(1) The term “each of the instant subcontracts” refers to the period of construction of KRW 421,30,000 (including value-added tax) and the term of construction from June 14, 2012 to May 31, 2014 to which the subcontract agreement is to be subcontracted (hereinafter “instant subcontract”) is called “each of the instant subcontracts,” respectively.
(4) Article 1(5) of the Special Conditions for each of the instant subcontracts provides that “If a contract is terminated or terminated pursuant to Article 25 of the Subcontract Agreement and Article 18 of the Special Conditions for the Subcontract, the performance bond for the subcontract shall be reverted to the Plaintiff in full.”
B. Each of the instant performance guarantee insurance contracts is 1) Defendant Digitalex is the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) on July 5, 2012.
B) In relation to the instant electricity and fire-fighting construction, a performance guarantee insurance contract between June 1, 2012 and May 31, 2014 (hereinafter referred to as “the instant performance guarantee insurance contract”) whereby the insured is the Plaintiff, the purchase amount of insurance coverage amount of KRW 179,34,000, and the insurance period of KRW 179,34,000.