1. The plaintiff's claim is dismissed.

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

Basic Facts

On August 13, 2009, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Korea Highway Corporation (hereinafter “Road Corporation”) with the Korea Highway Corporation (hereinafter “Korea Highway Corporation”) with respect to the construction cost of KRW 1,1587,4660,00 (hereinafter “the construction cost of KRW 1,2722,560,000,000,000) among the construction works between 40,000,000 national expressways. On January 201, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Defendant with respect to the construction work of KRW 2,410,00,00 (hereinafter “the construction cost of the instant subcontracted project”) as KRW 2,63,500,000 among them.

The details of the subcontracted project of this case include the tritan1 tunnel construction work (hereinafter “instant tunnel construction work”).

In order to construct a tunnel, it is necessary to stuff a schill (such materials as schill blick blicks and schills as used to prevent the collapse of surface rocks) in the base base that will be the wall of the tunnel, and to repeatedly implement a process covering sckes through a sclickt work (public method in which scke or concrete is sckeed into compressed air) above.

According to the original design plan, the defendant is required to construct a total of 40,446 mVs in the tunnel construction of this case.

On January 27, 2014, the Seoul Central District Public Prosecutor's Office (hereinafter referred to as the "Public Prosecutor's Office") conducted an investigation by the Anti-Corruption and Civil Rights Commission on the appropriateness of the implementation of the road works on the whole tunnels, after receiving an investigation request from the Young-dong Road Construction Committee to investigate the malfunction of the construction of the tunnels.

On October 10, 2014, the prosecution announced the results of the investigation that " unlike the design of 38 construction sites nationwide, a total of 3,30,000 mV was acquired by fraud by 18.7 billion won as a result of the payment of construction cost without construction cost, unlike the design of 78 construction sites at the 38 construction sites," and notified the road works.

According to this, in the case of the tunnel construction in this case,