1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 30, 2005, B(hereinafter referred to as “viable debtor”) received a supply and demand of “F” construction works from Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun. On the same day, B(hereinafter referred to as “G”) subcontracted the construction works of facilities and structures (hereinafter referred to as “instant construction works”) among the landscaping works to G (the chief director H, the Plaintiff of H, the Plaintiff of H, and the hereinafter referred to as “G”) under the respective terms of construction period (including value-added tax) from January 3, 2006 to April 9, 2007; and (2) the construction cost of construction amount of 1.49 billion won (including value-added tax).

(hereinafter “instant contract”). (b)

(1) After the conclusion of the contract, G with the remaining price claim was completed normally under the above contract, but the rehabilitation debtor unilaterally paid only the remainder of the construction cost, excluding the above amount, on April 2007, 13,1010,000 won (hereinafter “the remaining price of this case”) under the pretext of the mutual-aid money for retirement, safety management expenses, material price, waste disposal expenses, price increase expenses, etc.

In this regard, G continued to require the debtor to pay the unpaid construction cost because he/she cannot agree to unilateral mutual aid such as the above.

(2) On September 15, 2017, the debtor (the representative of the plaintiff) entered into a contract for the removal of scrap metal (the certificate No. 2; hereinafter referred to as the "contract for removal of scrap metal of this case") with the purport that "the sale of waste materials, such as scrap metal, emitted from the J-Newly constructed construction site, and transfer the right to removal" (the certificate No. 2; hereinafter referred to as the "the contract for removal of scrap metal of this case"). However, the above contract (the proviso to paragraph (1)) states that "if Gap fails to perform the above construction, it shall be null and void this contract."

Pursuant to the above contract, I entered into the contract for the removal of the scrap metal of this case in lieu of the payment of the remainder, and I do not raise any objection to the remainder in the future.

However, the debtor does not perform the above construction work.