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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. Facts of recognition;
A. Nonparty D Co., Ltd. ordered Defendant C Co., Ltd. (hereinafter “C”) to “E installation”, and Defendant C subcontracted the said construction to Defendant B Co., Ltd. (hereinafter “B”); on March 16, 2018, Defendant B entered into a contract to re-subcontract the said construction work to the Plaintiff during the construction work (hereinafter “instant construction work”); and its main contents are as follows.
On the other hand, on February 28, 2018, the Plaintiff re-subcontracted the instant construction to Nonparty F Co., Ltd. (hereinafter “F”).
Electric Power and Electrical Construction Contract
4. Period of a construction contract: Commencement on March 5, 2018 and completion on May 31, 2018 (Provided, That the date of completion due to the on-site conditions shall be within the same year as the date of completion, and automatic extension is automatically extended to the Plaintiff);
5. Contract amount: Amount of KRW 750 million per day; and
(a) Value of supply: Amount of KRW 690 million in total;
(b) Value-added tax: 69 million won per day; and
6. Payment of the price;
(a) Until 30 days after the application for completed portion (1) once a month is filed (2) and other payments made at a fair rate;
8. Contract bond: A special clause clause of contract in the amount of KRW 75.9 million (1);
7. The Plaintiff’s items and other items to be borne by the Plaintiff are directly conducted by the Plaintiff and cannot be sub-subcontracted without Defendant B’s approval. In the event that Defendant B issued a written work order to the Plaintiff on December 12, 200, but the Plaintiff did not comply with it within 10 days without good cause, Defendant B may terminate the relevant contract.
5) Without the approval of Defendant B, the contract may be terminated when the Plaintiff transferred his management right to a third party or when it is discovered that the Plaintiff re-subcontracted in whole or in part to a third party specialized construction business entity. 6) In the event that the content of the documents related to Article 5(7) of the Special Conditions and related documents (related to non-performance) is proved to be false, the Defendant B may terminate the relevant contract.
B. Defendant B shall be from Defendant C to 1.