1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

1. Facts of recognition;

A. Contract bond of this case: Article 4 of the General Conditions of Contract for Construction Works at KRW 200 million [Deposit for Contract] ① The intervenor must pay the contract bond stipulated in the contract in cash, etc. to the plaintiff before signing the contract in order to guarantee the fulfillment of the contractual obligation.

Provided, That this shall not apply where the plaintiff and the intervenor have agreed not to pay the contract deposit under an agreement.

(2) A contract bond under paragraph (1) may be paid by a letter of guarantee issued by the following institutions:

2. Where a contract is terminated or terminated on the grounds provided for in the subparagraphs of Article 31 (1), a guarantee certificate issued by an equivalent institution, such as a guarantee insurance company and the Credit Guarantee Fund, etc. shall revert to the Plaintiff;

In such cases, where the amount of compensation for damage following the cancellation or termination of a contract exceeds the contract deposit, it may be claimed as compensation for the excess amount.

Article 31 [Cancellation, etc. of Contracts by the plaintiff] (1) In cases falling under any of the following subparagraphs, the plaintiff may cancel or terminate all or part of the contract:

1. Where the intervenor fails to commence construction works even after the lapse of the period for commencement stipulated without any justifiable grounds;

2. Where it is evident that there is no possibility to complete the construction works within the completion date due to the grounds attributable to the intervenor;

3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Where it is deemed that the objective of the contract cannot be achieved due to the Intervenor’s violation of the terms of the contract, the Plaintiff’s construction work for the new construction of the Seoul Gangnam-gu and D ground multi-family house (hereinafter “instant construction work”) to the Intervenor’s Intervenor (hereinafter “ Intervenor Company”) on May 17, 2010.