1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

원고와 피고의 공사도급계약 체결 원고는 토목건축공사업, 주택건설업 등을 사업목적으로 설립된 회사로서, 2010. 4. 28. 피고와 사이에 공사금액을 3,442,088,000원으로 하여 B공사(이하 ‘이 사건 공사’라 한다)에 관하여 공사도급계약을 체결하고, 2011. 6.경까지 그 공사를 진행하였는데, 위 공사금액은 원고와 피고 사이에 이루어진 4차례의 공사도급변경계약에 따라 2011. 7. 19. 최종적으로 3,497,700,000원으로 변경되었다.

On March 31, 2015, C, the representative director of the Plaintiff in the relevant criminal trial, was prosecuted for the following criminal facts on March 31, 2015, by Hongsung Branch of Daejeon District Court 2015Kadan125, and subsequently led to the confession of all the above criminal facts in the trial proceedings. On May 1, 2015, C was sentenced to suspension of execution 2 years and community service 80 hours in June, 2015, and was pending in the appellate trial as Daejeon District Court 2015No1544.

(hereinafter the above judgment of the first instance court (hereinafter referred to as the "relevant criminal judgment"). 【The criminal facts of the relevant criminal judgment】 D is a person in charge of B construction supervision and management ordered by the Korea Rural Community Corporation from February 1, 2006 to the head of the Chungcheong District Headquarters E Team of the Korea Rural Community Corporation from February 1, 2006, and C is the representative director of the Plaintiff who works as a main business for civil engineering work.

The Plaintiff awarded a contract for the instant construction project in the amount of KRW 3.4 billion and continued the construction project from April 201 to June 201.

C From May 1, 2010 to June 12, 2011, in the process of supervision and completion inspection on the instant construction, C: (a) as an on-site supervisor of the instant construction project and a supervisor in charge of supervision over the process of process management, safety and quality control of construction, etc.; (b) via F, the Plaintiff’s on-site manager, issued KRW 13.5 million in cash and offered entertainment of KRW 8.3 million, as follows:

In this respect C is a public official.