1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. 1) On June 15, 2010, COSA Co., Ltd. entered into a construction contract, on June 15, 2010, the Defendant’s subcontracted installation work among the new construction work of a branch school for the purpose of the prevention of Malivia’s known information about the location of Libya who was awarded a contract by the Ministry of Government Administration and Infrastructure for Libya (hereinafter “instant new construction work”).

) Contract amount LYD 26,140,000, and period of construction from June 1, 2010 to May 18, 2012 (hereinafter “instant subcontract”) were subcontracted (hereinafter “instant subcontract”).

A) Around that time, 2,162,385,547 won was paid as advance payment. 2) After that time, COSA changed its trade name to COSA Construction Co., Ltd., and was merged with the Plaintiff on September 1, 2014.

(B) Article 36(2) of the terms and conditions of the construction subcontract agreement, which is a part of the subcontract agreement of this case, may apply for the adjustment of disputes or the mediation committee for dispute settlement under Article 69 of the Framework Act on the Construction Industry or the mediation committee for dispute settlement under Article 24 of the Fair Transactions in Subcontracting Act, or apply for arbitration to an arbitration agency established under other Acts and subordinate statutes, if the Defendant, on January 201, 201, after the commencement of the construction work of this case, has occurred at Libya, and the Defendant was removed from the site of Libya on the site of Libya, and the construction work of this case has been discontinued until now.

2. On June 19, 2015, the Plaintiff, against the Defendant, failed to perform the instant facility works due to reasons not attributable to both parties, i.e., the outbreak of a power plant in Libybya, and the Defendant paid the construction cost for the instant facility works pursuant to Article 537 of the Civil Act.