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1. The plaintiff's succeeding intervenor's appeal and the preliminary claim added in the trial are all dismissed.
2. Costs of appeal; and
Reasons
1. Basic facts
A. On June 18, 2013, the Defendant subcontracted the instant subcontract to the Plaintiff for the manufacture, supply, and installation work (hereinafter “the instant subcontract”) other than the purchase of raw materials among the instant construction works, by fixing the construction contract amount to KRW 11.5 billion (in advance, KRW 20 billion shall be paid, and the completed portion shall be paid once a month), from May 1, 2013 to February 28, 2014 (hereinafter “the instant contract”). The Plaintiff re-subcontracted the instant subcontract for the manufacture, supply, and installation work (hereinafter “the instant contract”).
B. On March 14, 2014, when the Plaintiff did not complete the instant construction project, the Plaintiff notified the Defendant that “if the construction cost performed during the construction period as stipulated in the instant contract is not settled and paid by March 20, 2014, the instant contract may be terminated.” On April 8, 2014, the Plaintiff notified the Defendant of the termination of the instant contract and notified the Defendant of the termination of the contract on the ground that the payment for arrears, etc. was not made, and the following notice reached the Defendant.
The plaintiff set the deadline for the payment of the unpaid construction cost as of April 15, 2014 in the notice of termination.
C. The Defendant paid to the Plaintiff KRW 2,796,145,000 in total and KRW 2,796,145,005 in advance from June 27, 2013 to December 31, 2013 under the instant contract. On February 6, 2014, the Defendant and the ordering person paid KRW 804,00,00 in total for cable payments to B, and the Defendant and the ordering person paid KRW 5,361,392,00 (from this point to April 15, 2014, the amount paid from January 10, 2014 to April 15, 2014).
Then, the Plaintiff deducted KRW 5,357,840,000 for progress payment of the instant construction from KRW 10,341,840,00 for the completion payment, and KRW 3,370,50,000 for the costs incurred by the Plaintiff from KRW 1,626,00,00 for the costs incurred in performing additional construction until April 2014, from KRW 1,626,00 for the costs incurred by the Plaintiff.