1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 18, 2012, the Plaintiff entered into a contract for construction works with the Defendant, with the construction work (hereinafter “instant construction work”) that newly constructs a main complex building (hereinafter “instant building”) on the land of 0.7 square meters in Jongno-gu Seoul, Jongno-gu, 226.4 square meters, D large 156.7 square meters, E large 129 square meters, F large 39 square meters, G large 0.7 square meters, and G large 0.7 square meters, and the contractor’s name (including value-added tax) as H Co., Ltd. (hereinafter “Co., Ltd.”), and commenced the instant construction work.

B. On April 3, 2012, the Plaintiff, the Defendant, and the nominal lender, agreed to reduce the instant construction work by setting the progress payment at KRW 460,000,000.

C. On April 25, 2012, the Defendant drafted a construction contract agreement between I and I to determine the remainder of the construction works, excluding the part already executed among the instant construction works, as the construction cost of KRW 1,850,000 (including value-added tax, and the amount calculated by subtracting a progress payment of KRW 460,000 from the construction cost of the instant contract prior to the conclusion of the contract at KRW 2,310,00,000 (hereinafter referred to as the “instant contract”). D.

The Plaintiff paid a total of KRW 1,473,071,480 for the construction cost of the instant case from the Defendant, but discontinued the construction work before completing the instant construction work.

The Defendant paid a total of KRW 1,081,956,080 to the subcontractor that did not receive the construction cost from the Plaintiff, and obtained approval for the use of the instant building on April 5, 2013 after completing the instant construction.

E. On April 17, 2014, the Defendant filed a complaint against the Plaintiff on suspicion of fraud.

On December 30, 2016, the Prosecutor’s Office (Seoul Central District Court 2016Kahap1389), “The Plaintiff, even though it was unable to normally perform the instant construction work, by deceiving the Defendant, entered into the instant contract and received a total of KRW 1,473,071,480 in terms of the construction cost.”