1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

1. Basic facts

A. The Plaintiff is a trustee in bankruptcy of Kadodo Construction Co., Ltd. (hereinafter “Kadodo Construction”) that was declared bankrupt on December 7, 2011 (Seoul District Court Decision 201Hadodon1Hadon15) (hereinafter “Kadon Construction”). The Kadon Construction was a corporation at the time of filing an application for commencing rehabilitation procedures, and changed to Kadon Construction during the rehabilitation procedures. The Defendant is a client of 5 construction sections of A-25BL apartment construction within the Busan Housing Site Development Organization’s articles of incorporation (hereinafter “instant apartment construction”).

B. On October 26, 2007, the Defendant: (a) the instant apartment construction project was under rehabilitation proceedings with the Changwon District Court 2009 Mahap9, and 10; and (b) it was under merger with Daedong Housing, a related company.

(2) Around March 2008, the Kado Construction Co., Ltd. (hereinafter “Modong Construction”) concluded a subcontract for reinforced concrete construction (hereinafter “the instant apartment construction”) among the instant apartment construction works and carried out the construction work by entering into a contract with a joint performance entity consisting of a joint performance entity consisting of ASEAN General Construction Co., Ltd. (the name of the company at the time of the contract was Anam General Construction Co., Ltd., but its mission was changed thereafter; hereinafter “State General Construction”). (The Kado Construction was selected as a sole contractor from January 2009 due to the default of the large Dong General Construction).

C. On February 3, 2009, the Kado Construction applied for the commencement of rehabilitation procedures as Busan District Court 2009 Gohap5 because it was difficult to operate the company due to the default of the large comprehensive construction. For this reason, the Kado Construction notified the termination of the subcontract of the instant construction on the ground that it was difficult to operate the company.

After that, the comprehensive construction of national holidays entered into a subcontract for the instant construction project with the Plaintiff’s Intervenor, the Non-embankinged Construction Co., Ltd. (hereinafter “Non-embankinged Construction”), the chemical industry, and the new name construction.

National Day General Construction is due to the default on July 2010.