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1. The plaintiff's primary claim against the defendant Chungcheongnam-si and the defendant's preliminary claim against the defendant are dismissed in entirety.
2...
Reasons
1. Facts constituting the premise of the dispute
A. On February 17, 2010, the Plaintiff entered into a contract for the operation of the dredging soil storage yard (hereinafter “contract for the operation of the storage yard of this case”) as follows:
(1) Until December 31, 2014, the term of the contract is until December 31, 2014.
(3) The purchase price shall be 6,320,000,000 square meters based on dredging soil (6,320,000 square meters per one cubic meter).
B. By April 2012, the Plaintiff paid the dredging purchase price of KRW 880,00,00 with the dredging price at the time of Defendant Chungcheongju, and claimed that the remaining purchase price should be adjusted on the basis of the dredging soil volume, etc. Accordingly, Defendant Chungcheongnam-si agreed to adjust the dredging soil volume to 531,695 cubic meters and assess the price per 1 cubic meter to 2,125 won (in this case, 60% of the sand content of the dredging soil as above, 6,320 won per 1 cubic meter shall be deemed to be 34.52% of the sand content per 1 cubic meter, on the ground that the sand content was merely 34.52% of the sand content per 1 cubic meter.)
C. From February 28, 2014 to April 25, 2014, Defendant Chungcheongnam-si urged the Plaintiff to pay the remainder of KRW 249,852,00 (i.e., KRW 1,129,852,00, - KRW 880,000) out of the purchase price of dredging land over several occasions, and notified the Plaintiff that the said agreement was terminated on May 7, 2014, the Plaintiff still did not pay the said remainder. As such, the instant storage operation contract was terminated on the same day.
The Defendant Central Telecommunications Co., Ltd. (hereinafter “Defendant Central Telecommunications Co., Ltd.”) has jointly and severally guaranteed the Plaintiff’s obligation for indemnity under the guarantee insurance contract concluded with respect to the said agreement, and on May 8, 2014, the Defendant Chungcheongnam-si would pay KRW 249,852,00 as above, and operate the instant storage place until December 31, 2014, and would terminate the business until December 31, 2014, and would bear the boundary surveying costs and land rents following the restoration if the project is delayed.