1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 20, 2014, the Defendant concluded a contract for construction work with respect to the construction work of the second floor to be used as chain stores E (hereinafter “instant construction work”) on the ground of the Seocho-si (hereinafter “instant construction work”), 240 million won (including value-added tax. 24 million won, excluding value-added tax. 200 million won, entered into the contract as to the aggregate of 216 million construction cost, excluding the construction cost of the instant construction work, 120 million won, Changho Construction, Hoho Construction, 72 million won, 24 million won, and 24 million won, on the date of the commencement of the construction work, and on the scheduled date of completion of the construction work, the Plaintiff entered into a contract with the Plaintiff with the interest rate of 10 million won (hereinafter “the above contract”).

B. After October 22, 2014, the Defendant entered into a contract for construction works with C, the construction cost of KRW 60 million on October 30, 2014, the date of commencement, and January 30, 2015 on the date of completion (Evidence 5-2) with regard to the interior works of the instant building on October 20, 2014, with the date of preparation as the date of October 20, 2014, the construction cost of KRW 40 million on the interior works of the instant building, the date of commencement, and the date of completion as of December 31, 2014.

C. On October 20, 2014, the Plaintiff prepared a written contract for construction work (Evidence A) with the Defendant as the contractor with respect to the instant construction work, and issued a performance guarantee insurance policy with the Defendant as the insured and the contract amount of KRW 240 million from the Seoul Guarantee Insurance Co., Ltd. based on the said contract, and delivered it to the Defendant.

Meanwhile, the total amount of the construction cost, the contract amount by type of work, the delayed interest rate, etc. stated in the above contract are as stated in the contract as stipulated in subparagraph 2, prior to the same day between the defendant and C, but the contract amount of KRW 240 million is stated as separate value-added tax.

The instant case, including a structural construction, artificial park management works, and a third floor extension works.