1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 15, 2017, the Plaintiff was appointed as a trustee in bankruptcy by the debtor A Co., Ltd. (hereinafter “A”) upon being declared bankrupt by Busan District Court 2017Hahap1010.

Construction Contract Documents

1. Corporation name: New Corporation in the E-valescent hospital;

2. Location of a building site: The scale of construction project outside D, and six parcels: The second basement and the 11th floor (refinite concrete structure) above ground (refinite concrete structure) and the purpose of the use of the building: Medical facilities (confinite hospital and neighborhood living facilities);

3. Date of commencement: The value of supply on July 1, 2016, as at the scheduled date of completion of works on January 24, 2015: 11.788 billion won: 2 billion won: 1.177 billion won in total, 3 billion won in total: 12.96 billion won in total.

7. Period of warranty liability and deposit rate (in accordance with the Framework Act on the Construction Industry and the State Contracts Act) Article 14 (Adjustment of the Contract Price due to Modification of Design) (1) of the General Conditions for the Contract for Construction Works (Adjustment of Contract Price due to Modification of Design), the increase or decrease of the same work and materials submitted at the time of estimate during the course of construction shall not be admitted as a modification of design: Provided, That where an increase or decrease in the quantity due to a change in drawings or changes in the contents of construction by instructions of “

Although there is a contract statement, the items which are not constructed due to unnecessary needs in light of the on-site conditions shall be settled.

(2) Any work different from drawings and any change in the material quality of designated materials during the course of construction works may be changed after obtaining approval from "A", and the amount of reduction shall be adjusted only for the matters referred to in consultation and determination with "A".

(3) Where a project is reconstructed due to a design change after construction in accordance with a design plan, the increased amount shall be adjusted after agreement with A.

Article 26 (Defect Security) ① In order to guarantee the repair of defects of a construction project, “B” shall be the letter of guarantee issued by the guarantor or cash until the price for the construction project is paid after the completion inspection by the amount calculated by multiplying the contract amount by the warranty bond rate (hereinafter referred to as “liability bond”) stipulated in the contract to guarantee the repair of defects of the construction project.