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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 plaintiff is a business operator mainly engaged in the wholesale, retail, and manufacturing of cooling and heating apparatus with the trade name of "B", and the defendant is a business operator mainly engaged in the supply and installation of cooling and heating equipment.
B. From August 27, 2014 to December 15, 2014, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant to install mutual assistance equipment, such as air conditioners, in the system at the construction site of four sites, including the Defendant at the construction site of four sites, at KRW 369,970,000 (excluding value-added tax).
The contract price and advance payment rates for each field under the contract of this case shall be as specified below (attached Table 1).
[Attachment 1] D E G HF C
C. Accordingly, the Plaintiff concluded a contract performance and an advance payment guarantee agreement with the Seoul Guarantee Insurance Co., Ltd. as mentioned below as the insured between the Defendant and the Seoul Guarantee Insurance Co., Ltd. as the insured.
[Attachment 2] A F G H H JH K M PI C
D. In accordance with the advance payment agreement with the Plaintiff, the Defendant paid the amount according to the rate of advance payment, such as the “price payment” and “non-fixed” as stated in [Attachment 1] and “non-fixed” on the relevant day.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, Eul evidence 11, the purport of the whole pleadings
2. The Plaintiff asserted that the contract of this case was terminated between the Defendant and the Defendant on August 2014 due to the Defendant’s managerial difficulties, while the Plaintiff had been doing construction work at each construction site under the instant contract. During that process, the Plaintiff agreed to terminate the contract of this case with the Defendant on the grounds that the construction cost paid to the Plaintiff (including advance payment) would be appropriated for the Plaintiff’s work cost due to the Plaintiff’s honoration, and thus, the Plaintiff and the Defendant
Nevertheless, the defendant suffered damage due to the plaintiff's failure to perform the contract unfairly.