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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 April 27, 2014, Plaintiff (former Co., Ltd.) and Nonparty D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) concluded a contract with the Nonparty Co., Ltd. on the part of the construction of the Gyeonggi-gu E-building (including earth and sand, earth and sand removal, ancillary engineering, removal and waste removal, and temporary construction; hereinafter “instant construction”) for the construction cost of KRW 5.4556 billion (including value added tax, unless otherwise indicated; hereinafter the same shall apply) among the new construction of the building in Gyeonggi-gu E-gun. The construction cost thereafter increased to KRW 6.13 billion on June 30, 2015, and KRW 7.28 billion on November 5, 2015.
The guaranteed amount of the divided construction cost shall be 5,593,391,434 167,801,743 from December 1, 2015 to November 30, 2017, 139,195,42234,175,863, December 1, 2015 to December 30, 2015; 500,335,317, 010,059, 127,07, 207, 207, 207, 3010, 10,000, 207, 27,827, 827, 3435, 8635, 863, 201, 10, 201, 10, 200, 201, 207, 301, 205, 2017
B. On December 8, 2015, the non-party company entered into a guarantee agreement with the Defendant to guarantee the liability for repairing defects of the non-party company by each type of work of the instant construction, and issued a warranty bond, and the construction cost and the amount guaranteed by each type of work are as follows.
C. Article 1(2) of the above warranty clause provides that with respect to a guarantee accident for which the defendant guarantees the payment of the warranty money, the above warranty clause provides that "any defect that occurred within the front warranty period due to the construction in violation of design documents or other instructions, and thus, requests the contractor (hereinafter referred to as the "contractor") to pay the warranty money within 30 days from the expiration date of the warranty period."
In April 2016, when the non-party company entered the corporate rehabilitation procedure and the progress of construction is difficult, the Plaintiff terminated the instant construction contract on April 1, 2016 and completed the non-party company and the progress payment on April 6, 2017.