A. A. On August 2013, the Defendant published an open competitive bid for the tegrative construction of the fourth floor of the building B (hereinafter “B building construction”) and the restoration of the second floor of the C building (hereinafter “C building construction”) to the original state. In addition, the Defendant published an open competitive bid for the instant construction (hereinafter “instant construction”).

B. The Defendant, among seven enterprises participating in the tendering procedure for the instant construction contract, determined the appropriate construction cost as KRW 90,000 (excluding value-added tax) by aggregating the respective construction cost of the subordinate two enterprises except for the enterprises that presented the lowest price among the seven enterprises that participated in the tendering procedure for the instant construction contract. The Defendant offered three enterprises, such as D (hereinafter “D”), Plaintiff, and E, who expressed their intent to participate in the tendering procedure for the instant construction contract under the conditions determined as above, and as a result of the lottery, D winning.

C. Accordingly, while the Defendant and D entered into a contract for the instant construction project and carried out part of the removal project during the instant construction project, the said contract was terminated due to the circumstances on the part of D.

Accordingly, the defendant did not make a new public notice of the tender for construction, and decided a new construction among the plaintiff and the two enterprises, and after the internal review, the plaintiff was decided as the contractor.

On September 21, 2013, the Plaintiff concluded a construction contract with the Defendant under which the Plaintiff would receive a contract for the instant construction work from the Defendant (hereinafter “instant contract”).

E. The Plaintiff and the Defendant, under the instant contract, set the instant construction cost of KRW 90,00,00 (excluding value-added tax); the construction period from September 21, 2013 to October 28, 2013; and the payment of the price was determined as follows; and the Plaintiff paid KRW 18,00,000,00 to the Defendant for the purpose of the construction cost, respectively, on September 23, 2013; and the Plaintiff paid KRW 20,000,000 to the Defendant on September 30, 2013.

Payment of advance payment of KRW 18,00,000 after completion of receipt of guaranteed bonds and documents attached to a contract: Payment after completion inspection according to the rate of work progress: Payment after completion inspection;

F. Of the general matters of the contract attached to the instant contract.