1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 30, 2013, the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with the Defendant to receive progress payment in cash payment on April 30, 2013 from April 30, 2013 to November 31, 2013 as the contract price of KRW 375,00,000 (including value-added tax of KRW 12,824,630). However, the said contract was concluded with the effect that the Plaintiff would receive progress payment by means of “payment in cash on the 15th following the end of the month, after filing a request for the end of the month” (hereinafter “instant construction contract”).

B. On May 27, 2013, the Plaintiff received advance payment of KRW 37,500,000 from the Defendant.

C. On June 28, 2013, the Plaintiff, among the instant construction works, partially implemented the water supply and demand pipe construction and the water supply pipe construction. On June 28, 2013, the Plaintiff filed a claim against the Defendant for payment of KRW 30,963,091 (the amount calculated by deducting KRW 3,440,343 from the one-time payment of the completed portion at KRW 34,40,434, and the said one-time payment of the completed portion was settled at KRW 22,40,000). After then, the Plaintiff received payment of KRW 20,160,000 as the progress payment on July 10, 2013.

On July 31, 2013, the Plaintiff demanded that the Defendant pay KRW 46,530,000 (the amount calculated by deducting the advance payment deduction amount from KRW 5,150,000,000, from the amount of progress payment in 51,500,000) from the amount of progress payment, and received KRW 20,00,000 as part of the progress payment on October 2, 2013.

E. After D’s owner at the construction site of this case became personnel in cerebrovascular, D’s representative director of the non-party company E and D’s other children were suspended from all construction works at the construction site around August 5, 2013 due to the occurrence of property disputes between E and D’s other children.

F. On August 31, 2013, the Plaintiff added equipment installation works, fire-fighting equipment installation works, and mechanical room pipeline construction during the instant construction to the Defendant on the following occasions: (a) not only KRW 73,900,000, but also KRW 55,800,000 for the completed portion on three occasions; and (b) not only KRW 62,00,000 for the completed portion on three occasions.