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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 14, 2016, the Defendant entered into a construction contract with the Defendant, the contractor, the contractor, and the joint and several sureties for the construction project (hereinafter “instant construction”) with respect to the multi-household construction project on the ground C, D, E, and F (hereinafter “instant construction”) as the Plaintiff, and the main contents are as follows.
The construction site: The scale of G-dong construction project: The total construction period of 1,798.72 square meters ( around 600 square meters) from February 2, 2016 to December 2, 2016: the construction cost: Article 1 (General Provisions) (1) of the construction project owner as Gap, the work executor as Eul, the work executor as Eul, and both of them faithfully perform the contract by referring the plaintiff who is a joint and several surety of Eul as Eul.
(2) A soldier shall have the same rights and duties (excluding construction registration, etc.) as B under this Agreement, and he/she may directly claim the construction cost to A.
Article 16 (Advance Payment and Event of Contract) (2) Where the Corporation is no longer established due to the circumstances of A, or where A breaches this contract, A shall pay 100 million won as penalty to C.
Article 17 (General Matters) (1) Constructors shall select and enter into a contract at will by the plaintiff, and the plaintiff shall terminate the contract at will.
(2) A contract shall be terminated if the contractor affixes his/her signature and seal on this contract.
(3) A shall not request the Plaintiff as a joint guarantor for registration of a construction business.
5. A does not unilaterally destroy or terminate this contract.
(6) Where a person who violates any of the above paragraphs is found to have violated the above paragraphs, the person A shall be paid 100 million won as penalty to sick person.
B. On February 3, 2016, the Defendant applied for a building permit for the instant construction to the following viewing, and the following viewing was permitted on February 26, 2016.
C. Around March 4, 2016, the Defendant sent a certificate of the content that the instant construction contract was reversed on the ground that he did not start construction works on the ground that he did not start.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, and arguments.