1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 17, 201, the Plaintiff was awarded a contract with the Defendant for construction cost of KRW 1,964,600,000 (including value-added tax; hereinafter the same shall apply) from October 17, 201 to December 31, 201 (hereinafter referred to as “the instant soil construction contract”) with respect to the earth and sand among the instant earth and sand construction works (hereinafter referred to as “instant earth and sand construction works”), and was extended from October 28, 201 to December 30, 201 (hereinafter referred to as “instant reinforced concrete construction contract”), with respect to each of the above construction works, from the Defendant to December 39, 63,000, and from November 28, 2011 to December 13, 2011, with respect to each of the above construction works, the Plaintiff received a contract for construction cost of each of the instant construction works by setting the period of construction cost of construction work from October 17, 2011 to November 13.

B. The Plaintiff completed the instant reinforced concrete construction around the end of December, 201, and suspended the instant soil construction around January 2012.

C. On April 8, 2013, the Plaintiff notified the Defendant that “The implementation of the instant soil construction contract is impossible because the Defendant is unable to pay the construction cost, so it is not possible for him to do so,” and the copy of the instant complaint was served on the Defendant on April 12, 2013.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, obvious facts in records, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was rescinded by the delivery of a copy of the complaint of this case due to the Defendant’s nonperformance. As such, the Defendant is obligated to pay the Plaintiff KRW 1,69,63,000, which is part of the construction cost of the land of this case, and KRW 399,663,663,000, which is the sum of KRW 1,400,000, which was already paid to the Plaintiff at KRW 2,089,663,663,000, excluding KRW 1,400,000, which was already paid to the Plaintiff (= KRW 2,089,663,600, - KRW 1,400,000).

(b) judgment 1) Gap evidence 4 to 6, first of all, including branch numbers; hereinafter the same shall apply.

Each statement alone is the same as the plaintiff's assertion.