1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company established for the purpose of construction business and civil engineering and construction business, and is the contractor of “construction works among C-Newly constructed construction works” (hereinafter “instant construction works”). The Defendant is a company established for the purpose of real estate development and sales supply business, and is the client of the instant construction works.

B. On September 20, 201, the Plaintiff concluded a construction contract with the Defendant and the instant construction work amounting to KRW 2,703,800,000, and the construction period from September 20, 201 to May 31, 2012 (hereinafter “instant contract”).

C. The Plaintiff and the Defendant, without advance payment, determined that the Plaintiff would pay the progress payment in cash after the inspection of the completed portion, if the Plaintiff claims the progress payment once a month in relation to the payment method of the contract in the instant case.

The Plaintiff continued the instant construction work from September 201, and claimed KRW 533,473,123 for progress payment to the Defendant around November 201, and the Defendant paid KRW 200,000,000 to the Plaintiff on February 24, 2012, February 26, 2012, and March 16, 2012.

E. Meanwhile, on August 17, 2014, Nonparty D, the Defendant’s actual management owner, died of a traffic accident.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, 11, Eul evidence 1 and 2, Eul witness E's testimony, the purport of the whole pleadings

2. The parties' assertion

A. With respect to the instant construction project asserted by the Plaintiff, the Defendant is obligated to pay the balance of progress payments, management expenses, and construction expenses for temporary fences to the Plaintiff, and also to return the borrowed money from the Plaintiff.

B. The remaining balance of the Defendant’s argument was extinguished by repayment or the extinctive prescription was completed even if the Plaintiff’s unilateral assertion was accepted.

The management expenses and the cost of the temporary fence shall be offset against the progress payment that the defendant paid to the plaintiff in relation to the construction of this case if recognized without knowledge by the defendant.

The defendant does not borrow money from the plaintiff.

3. Determination

(a)the balance of the completed portion;