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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 30, 2014, the Plaintiff entered into a first modified contract with the Defendant on July 30, 2014, with respect to the construction cost for civil engineering and structure works (hereinafter “D construction works”) among “D construction works,” which the Defendant was awarded by the Busan Regional Land Management Office (hereinafter “instant construction works”), by setting the construction period from August 1, 2014 to December 30, 2016, each of which was entered into a subcontract with the period from August 1, 2014 to December 30, 2016. On July 10, 2015, the Plaintiff concluded the first modified contract with the Defendant to increase the construction cost to KRW 10.92,63 million (including value-added tax) and the construction period to KRW 17.36,57 million (including value-added tax) on July 6, 2016, and concluded an amendment to the construction period from August 1, 2014 to December 13, 2017.
B. From October 2016, the Plaintiff asserted that the additional construction in accordance with the Defendant’s direction, omission of design, etc. (hereinafter “instant additional construction”) had occurred to the Defendant from around October 2016, and requested the conclusion of the instant modified contract reflecting the details thereof. However, upon the Defendant’s refusal, the instant construction was suspended on or around November 1, 2016, and on March 31, 2017, the Plaintiff filed the instant lawsuit against the Defendant seeking damages for delay after November 1, 2016.
C. Since then, the Defendant applied for commencement of rehabilitation procedures as Seoul Rehabilitation Court 2018 Ma100033, and the said court rendered a decision to commence rehabilitation procedures by determining the reporting period for rehabilitation claims, etc. from March 15, 2018 to March 23, 2018, and the inspection period for rehabilitation claims, etc. from March 24, 2018 to April 9, 2018 (hereinafter “instant rehabilitation procedures”), and the Defendant’s representative director at the time of the commencement of rehabilitation procedures was considered as a custodian.
In the rehabilitation procedure of this case, a list of rehabilitation creditors, stating the principal amount of KRW 2,029,595,601, out of the Plaintiff’s additional construction cost claim against the Defendant.