1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 16, 2011, the Plaintiff entered into a contract for the construction of the instant construction project (hereinafter “instant construction project”) with the Defendant (i.e., Dong Residents General Construction Co., Ltd. before the alteration) and the Yongsan-gu Seoul Metropolitan Government Multi-household Housing Construction Co., Ltd. (hereinafter “instant construction project”) within 10 days from the date of the contract to complete the construction within 200 days, and the contract amount shall be KRW 50 million, but the contract amount shall be KRW 50,000,000,000,000,000 for the first floor after the during of the first floor, (ii) after the during of the second floor, (iii) after the completion of the building, (iv) when the completion of the building works, and (v) the remainder of KRW 150,000,000,000 for the fourth completed portion of the construction project, and (v) the construction contract shall be paid within 100,000.

B. On June 3, 2011, the Defendant filed a claim for the first instance payment with the Plaintiff, but did not pay the Plaintiff, and the instant construction was suspended on June 201, 201.

The Plaintiff paid the first progress payment of KRW 46 million on July 8, 201, and KRW 4 million on July 29, 2011.

C. On August 8, 2011, the Defendant submitted a written settlement of accounts to the Plaintiff. On August 17, 2011, the Plaintiff concluded a new construction contract with the Sim integrated Construction Co., Ltd. on the instant construction project and continued the construction project.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 2-1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the Plaintiff’s assertion of the instant construction contract, the Defendant started construction works within 10 days from the contract date until March 26, 201, but delayed 24 days after starting construction works around April 20, 201. The Defendant unilaterally suspended construction works during the construction process and delayed construction works for 100 days from August 9, 201 to November 17, 201, and obstructed the progress of construction works by leaving materials neglected at the construction site.

Therefore, the defendant amounting to KRW 87 million to the plaintiff.