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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. On March 4, 2010, with respect to the construction of the main line of section 1 among “A” (hereinafter “instant construction”) and the construction of the soil and structures “A” (hereinafter “the instant construction”) the Plaintiff agreed to complete the instant construction within the said construction period by setting the contract amount of KRW 26,235,00,000, contract deposit of KRW 2,623,500,000 (10% of the above contract deposit), and the construction period of the said construction from March 4, 2010 to September 14, 2014 (hereinafter “the instant subcontract agreement”).
(1) The term “A” or “B” or “B” or “B” or “B” or “B” or “B” or “B” refers to both the Plaintiff and “B” or “B” or “B”.
In any of the following cases, where a contract falls under any of the following subparagraphs, the contract may be terminated or terminated in whole or in part, if the contract is not performed within the said period after demanding the performance of the contract in writing for a reasonable period fixed:
2. Where it is clearly deemed impossible to complete the construction work in the air due to any cause attributable to the company, such as dishonor and bankruptcy;
B. On March 8, 2010, Yangyang Construction entered into a contract for performance guarantee with the purport that the Defendant guarantees the Plaintiff’s obligation to perform the contract in relation to the instant contract with the guarantee creditor, the Defendant as the guarantor, and Yangyang Construction as the guarantor. The contract guarantee amounting to KRW 2,623,50,000 as the guarantee amount, and the guarantee period from March 4, 2010 to September 14, 2014 was issued and delivered to the Plaintiff.
C. After that, on March 9, 201, the Plaintiff and Yangyang Construction entered into a contract to change the contract amount of KRW 1,547,810,00 to KRW 27,782,810,00 (i.e., the aforementioned KRW 26,235,000,000, KRW 1,547,810,000) with respect to the instant contract. Accordingly, on March 14, 2011, Yangyang Construction was guaranteed by the Defendant to KRW 154,781,00,00.