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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Korea Rail Network Authority ordered C Co., Ltd. (hereinafter “C”) to manufacture and install soundproof walls (hereinafter “instant construction”). C subcontracted the instant construction to the Plaintiff on July 24, 2012 by setting the construction period from July 24, 2012 to April 23, 2013; and the construction period as KRW E, contract amount, KRW 3,297,800,000 in the construction site-based benefiting from the construction site.
B. 1) The Plaintiff is a F Co., Ltd. (hereinafter “F”) on July 24, 2012.
(2) In addition, the period of construction was determined from July 24, 2012 to April 23, 2013, and the contract amount of KRW 2,794,543,400 and the contract amount of KRW 362,456,60, and the contract amount of construction was entered into. (2) At the time, F agreed not to receive advance payment from the Plaintiff instead of submitting the performance (contract) guarantee insurance policy to the Plaintiff.
C. Since then, F’s supply of materials is not properly implemented, the instant construction continues to be delayed, and F requested the Plaintiff to pay advance payment, the Plaintiff accepted the said request and paid KRW 200,000,000 to F on March 12, 2013.
C On April 6, 2013, the Plaintiff asked the Plaintiff to respond to the measures to meet the process of the instant construction project, and to the absence of on-site management.
E. On April 10, 2013, the Plaintiff entered into a contract with C to extend the construction period of the instant construction to December 31, 2013.
F. After that, the Plaintiff urged FF to proceed with the process of the instant construction, and requested F to provide an advance payment for the purchase of soundproofing materials, and requested F to provide a performance (contract) guaranty insurance policy.
G. On May 3, 2013, the Plaintiff paid F an advance payment of KRW 200,000,000 to F.
H. Around that time, F requested the Defendant to conclude a performance guarantee insurance contract (contract) contract for the instant construction project: The Plaintiff, the Supplier, and the date of the order: F; January 2013.