1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 31, 2012, the Defendant entered into a design service contract with the Plaintiff that the design service for the 5th underground floor building of the 2nd underground floor in Guro-gu Seoul Metropolitan Government (hereinafter “instant facility construction”) was contracted for KRW 16,50,000 as the service cost, and indicated as the representative director of the Party D (hereinafter “Nonindicted Company”) in the design service contract (Evidence 2).

B. In addition, on October 22, 2012, the Defendant entered into a contract with the construction cost of KRW 1,560,000,000 (including value-added tax) (hereinafter “instant contract”) with the contract deposit of KRW 141,00,000, including the following, and indicated that the party is also the representative director of the non-party company in the contract for the instant construction work (Evidence A6).

Article 17(2) of the terms and conditions of the contract from October 22, 2012 to February 28, 2012 (130 days): When the contractor is deemed unable to achieve the purpose of the contract in violation of the terms and conditions of the contract, the contractor may cancel or terminate all or part of the contract.

C. The Plaintiff, via the Plaintiff’s wife E, remitted the Defendant’s personal account of KRW 141,00,000 (hereinafter “the instant down payment”) in total as KRW 141,00,000 on August 31, 2012, KRW 50,000 on October 16, 2012, KRW 20,000 on October 31, 2012, and KRW 20,000 on October 31, 2012, and KRW 66,00,000 on November 9, 2012.

On October 25, 2012, the instant facility construction based on the instant contract commenced on or around October 25, 2012. From around December 2012, the Plaintiff demanded the Defendant to suspend construction due to defective construction, and finally suspended on or around January 14, 2013.

E. The Defendant’s name on February 2013.