A. Around May 2016, the Plaintiff, who is engaged in underwater construction business under the trade name of “C,” entered into a contract with the Defendant to provide that the part of underwater construction works among D D construction works in Jeonnam-do be awarded by the Defendant during the construction period of KRW 846,00,00 (excluding value-added tax) and the construction period from May 25, 2016 to December 31, 2016 (hereinafter “instant construction contract”).

B. D Construction works are subcontracted to the Defendant by E Co., Ltd. (hereinafter “E”) upon contract. The total construction amount is KRW 26,637,600,000, and the total construction period is a long-term continuing construction contract that has been implemented over several years by reaching 2,555 days.

Among them, the period of construction scheduled in 2016 was 180 days, the construction amount was 1,790,000 won.

C. In the entire process of D construction works, the part planned in 2016 among underwater construction works subcontracted by the Defendant was up to the west section.

However, the scope of underwater construction under the instant construction contract was included in one section of the water gyring that was not scheduled in 2016.

In accordance with the instant construction contract, the Plaintiff was performing part of the construction work over the west section and up to the west section in accordance with the instant construction contract, and it was known that D construction work was conducted over several years and the scheduled scope of construction was set in advance for each year, and that the construction work for one part of the water tank among the underwater construction subcontracted by the Defendant was not scheduled in 2016, the Plaintiff suspended the construction work around September 2016.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence No. 3-1, 2, Evidence No. 4, Evidence Nos. 2 and 4, and purport of the whole pleadings

2. The Plaintiff’s assertion is that the construction work D is long-term continuing construction at the time of the instant construction contract, and the underwater construction project scheduled in 2016 is up to the front section, and falls under this part of the water tank.