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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. 1) The Plaintiff and the Maman Comprehensive Construction Co., Ltd. (hereinafter “Maman Comprehensive Construction”)
(2) On March 19, 2013, the Gyeonggi-do Construction Project contracted the A site development project (hereinafter “the instant construction project”) with the contract amount of KRW 34,55,291,739, and the construction period from March 29, 2013 to December 13, 2015, the Plaintiff and the Dotin Comprehensive Construction Project (hereinafter “Plaintiff, etc.”) were awarded a contract for the said construction project (hereinafter “the instant construction project”) on April 2, 2014, on which the contract amount was determined as KRW 34,55,291,739, and from March 29, 2013 to December 13, 2015; and the contract amount was modified to KRW 100,000,000,000 after subcontracting the relevant construction project.
(hereinafter referred to as “instant subcontract”). The terms and conditions of the instant subcontract agreement included in the instant subcontract (hereinafter referred to as “the terms and conditions of the instant subcontract”) are as follows:
Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) The plaintiff, etc. and two joint contractors shall mutually guarantee the execution of contracts and the payment of contract price by the following methods:
(3) The guarantee between the plaintiff, etc. under paragraph (1) and two persons shall be made in cash or by the delivery of a letter of guarantee under any of the following subparagraphs, but shall be immediately notified to the other party when the guarantee contract is modified or terminated:
1. A letter of guarantee issued by a construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and the Korea Credit Guarantee Fund and other equivalent guarantee agencies. (6) If the plaintiff, etc. cancels or terminates all or part of the contract under Article 25 (1) as the joint management fails to perform the contractual obligations, the plaintiff, etc. shall cancel or terminate the contract for the deposit under paragraph (3) 1;