1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 4, 2015, the Plaintiff was awarded a contract with the Defendant for construction period as KRW 1.65 billion (including value-added tax) with respect to Sam-si B, C Ground A D’s distribution of weddings and Gawon-built construction works from May 11, 2015 to October 31, 2015, and the construction amount as KRW 1.65 billion (including value-added tax).

(hereinafter “instant construction contract”). B.

From May 11, 2015 to January 20, 2016, the Defendant paid the Plaintiff totaling KRW 1.485 billion under the pretext of advance payment and progress payment of the instant construction project.

C. Although the deadline for completion stipulated in the instant construction contract ( October 31, 2015), the Plaintiff failed to complete the instant construction, the Defendant sent a content-certified mail demanding the Plaintiff to perform the instant construction work within the prompt period on January 29, 2016, and sent an additional mail demanding the completion of the instant construction work even on February 23, 2016 and February 29, 2016.

On March 9, 2016, the Plaintiff sent a written confirmation to the Defendant that the instant construction work will be completed by April 15, 2016, but did not resume the instant construction work until March 21, 2016, and the Defendant notified the Plaintiff of the termination of the instant construction contract on March 21, 2016.

E. On March 30, 2016, the Plaintiff sent to the Defendant a letter indicating that the construction was delayed due to the Plaintiff’s financial problem, and that the construction was completed by May 10, 2016. On April 21, 2016, the Plaintiff sent a letter of commitment to assume any civil and criminal responsibility if the construction cannot be completed by May 31, 2016.

F. Since the Plaintiff did not resume the instant construction even after that date, the Defendant considered that the completion of construction was impossible until the end of May 2016 and sent again to the Plaintiff the notice that the instant construction contract will be terminated on May 25, 2016.

G. On May 25, 2016, the Defendant awarded a contract with D and the remainder of the instant construction works as KRW 495 million, with respect to which the construction cost was set at KRW 495 million, and D remains until August 30, 2016.