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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 defendant is a contractor who has been awarded a contract for the manufacture and supply of steel structures from the Dong-gu Co., Ltd. (formerly named “Co., Ltd.”; hereinafter “Dong-dong Co., Ltd.”). The plaintiff is a subcontractor of the construction of fuel loading and unloading steel structure among the above construction works (hereinafter “the instant construction work”).
B. 1) The Defendant entered into a subcontract on December 17, 2012, the contract amount of KRW 37,500,000 (in the absence of a separate entry, hereinafter the same shall apply) with the winter-gu on December 17, 2012
(2) On January 10, 2013, the Plaintiff entered into a subcontract with the Defendant for the term of contract from January 17, 2013 to December 31, 2014, setting the term of contract to be the period of contract and the period of contract from December 17, 2012 to December 31, 2014. (2) On January 10, 2013, the Plaintiff entered into a contract for the manufacture and supply of steel structure among the said construction projects.
(3) On January 13, 2013, in order to guarantee the implementation of the instant subcontract, the Plaintiff issued a written guarantee from the Gwangju Bank to guarantee the performance of the instant subcontract by December 31, 2014 and submitted it to the Defendant, and paid KRW 31,107,156 to the Defendant for the performance of the contract. (c) The construction delay and the contract termination 1) the Defendant agreed on the commencement of the construction work with the East-gu and the East-gu while preparing for the performance of the contract. However, the East-gu did not give an instruction to the expiration of the contract period, and notified the Defendant that the manufacturing and supply contract for the steel structure was terminated due to the expiration of the contract period.
2) On February 26, 2015, the Defendant notified the Plaintiff on February 26, 2015, that it is impossible to perform the contract by notifying the Plaintiff of the termination of the contract, and the instant subcontract agreement was terminated at the expiration of the contract term. 3) The Defendant filed a lawsuit seeking damages against the said subcontractor on the ground that the Defendant suffered damages due to nonperformance