1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 30, 2014, the Defendant concluded a contract for a construction project with D Co., Ltd. (hereinafter referred to as “D”) and D: On August 22, 2014, the date of commencement: the expected date of completion: March 31, 2015; the contract amount: KRW 1.82 billion; the date of preparation: August 20, 2014; the contractor: the Defendant and the contractor: D; and on March 30, 2015, the contract was concluded to change the “date of completion: November 30, 2015; the contract amount: 1.777,26 million won (excluding partial construction).”

On October 22, 2014, the Plaintiff entered into a contract with D and the said new construction works (hereinafter “instant construction works”) under which the construction amount is KRW 178,970,000 (including surtax) (hereinafter “instant contract”).

D filed a lawsuit against the Defendant seeking payment for the said new construction works, and the Defendant was sentenced to the judgment of D to pay D 372,713,800 won and damages for delay thereof (excluding the parts related to the warranty bond).

(Seoul Eastern District Court 2016Gahap100582, Seoul High Court 2017Na2027530, Supreme Court 2018Da222990, hereinafter “instant related judgment”). The defendant shall pay 105,676,000 won to the plaintiff until January 24, 2018.

Defendant (D) confirmed that the project owner C (the Defendant in this case) did not file a claim for any settlement and payment of the construction cost stated in the attached sheet (including value-added tax) related to the creative construction among the new construction works in Pyeongtaek-gun EF, and that C would not claim the said construction cost in the future. If the Defendant either adjusted or claimed the said construction cost of KRW 42,130,000 against the said provision, or claimed it against C, the Defendant will pay KRW 42,130,000 to the Plaintiff.

The Plaintiff filed a lawsuit against D seeking payment of KRW 147,806,00,000, which is unpaid under the instant contract, etc., and the following adjustments are made.