1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The first subcontract and the suspension of construction 1) The Plaintiff and the private construction corporation (hereinafter “private construction”).

)은 2015. 4. 1. 삼척시 마달동 세영리첼 아파트 신축공사 중 ‘형틀목 공사 일체’를 계약금액 3,995,000,000원(부가가치세 포함), 선급금 없음, 착공일 2015. 4. 1., 준공예정일 2016. 8. 30.로 정하여 민화건설에 하도급하는 내용의 공사계약을 체결하였다(이하 ‘제1 하도급계약’이라 한다

(2) On January 19, 2016, the Plaintiff sent a content-certified mail stating that “The instant apartment shall be suspended on January 21, 2016 in order to undergo the process of converting it into a leased apartment” to the civil construction.

B. On March 16, 2016, the Plaintiff and public construction start-up (1) entered into a subcontract agreement and a written agreement on the settlement of accounts and the resumption of construction with the settlement amount of KRW 1,982,00,000 for the discontinuance of construction as of March 16, 2016, and on the same day, with respect to the term “the remainder of the project for molding type” (including value-added tax), contract amounting to KRW 2,063,00,000 for advance payment, KRW 250,000 for advance payment, KRW 250,000 for commencement date, March 16, 2016 for commencement date, and February 28, 2017 for completion date (hereinafter “second subcontract”).

(3) Of the above settlement agreement and the construction resumption agreement, the parts relating to this case are as follows. (1) The settlement agreement amounts to the settlement agreement under Section 4. Terms and Conditions 2) due to the failure to perform the construction due to the discontinuance of construction by the principal contractor (Plaintiff) to perform the construction due to the suspension of construction, the balance settlement agreement gives up all the remaining rights to the subcontractor (private construction) to the remainder of the construction due to the settlement due to the discontinuance of construction.

(hereinafter omitted) Article 3 of the Agreement on the Resumption of Construction Works (hereinafter referred to as the “Agreement”) is impossible to issue an advance payment guarantee to the subcontractor under the condition that the present contract was maintained. As such, January 2016.