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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person operating a model exhibition business, etc. with the trade name of “D,” and the Defendant is a corporation that produces and installs a real model, image, and contact with the exhibition hall.
B. On February 24, 2014, the Defendant awarded a contract for F works ordered by Dobong-gu Seoul Metropolitan Government to KRW 439,169,500, and awarded a contract for F works ordered by Dobong-gu Seoul Metropolitan Government to the Plaintiff on July 23, 2014 (hereinafter “instant construction works”) KRW 120,000,000. (In addition, the Defendant entered into a contract for character and production with G with KRW 110,000,000.
(2) According to the above construction contract, as of November 30, 2014, the term of completion of the construction project was agreed to pay compensation for delay of 1/100 of the contract amount per one day of delay when the Plaintiff delays the construction project. (2) After that, the Plaintiff and the Defendant were included in the contract scope and the part of the production of softs, which the Defendant contracted to G on March 17, 2015, and the said contract was amended with the content that reflects the design modification as required by the ordering authority and the copyright owner (hereinafter “instant construction contract”).
C. (1) However, the Plaintiff extended the construction completion period by April 30, 2015 through consultation with the Defendant, but failed to complete the construction within the said period. The instant construction contract was terminated on or around May 2015 by E, who was a contractor, due to the delay in the construction work, to reduce the construction cost of KRW 74,500,000 from the subcontract price by settling accounts for the unpaid part of the construction work with the Defendant and the Defendant, and completed the said construction work on or around June 11, 2015 through other companies.
On the other hand, H Co., Ltd., the Plaintiff, the obligee, filed a seizure and collection order lawsuit, and seized and seized KRW 22,685,273 among the claims based on the instant construction contract.