1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 23, 2015, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the installation of permanent facilities at the starting point of the territorial sea (hereinafter referred to as “instant construction”) with the terms of contract amounting to KRW 638,00,000 (including value-added tax) and the construction period from May 1, 2015 to June 30, 2015 (hereinafter referred to as “instant subcontract”).

B. On October 14, 2015, while the Plaintiff was performing the instant construction project, the Plaintiff suspended the construction project and completed the remainder of the construction project during the instant construction project.

C. The Defendant paid the Plaintiff KRW 559,118,364 as the construction cost of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. As the Plaintiff’s assertion was attributable to the Defendant, the costs incurred by the Plaintiff in the construction of the instant case were significantly increased.

Until the discontinuance of the instant subcontract, the Plaintiff invested total of KRW 1,366,056,454 as construction cost in excess of the construction cost of the instant subcontract, and the Defendant paid KRW 559,118,364 as the construction cost to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 806,938,090 (i.e., KRW 1,366,056,454 - 559,118,364) and damages for delay.

B. (1) In the event that a contract is rescinded or terminated on the ground of nonperformance and a claim for damages is filed, the obligee is in principle seeking the benefit that would have accrued from the performance of the contract, i.e., compensation of the benefit that would have accrued from the performance of the contract.

However, an obligee may claim damages for the non-performance of obligation to the extent that it can be deemed that the damages were incurred due to the non-performance of obligation.

3.2