1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Guri-si promoted excellent storage facilities, flow pumps facilities, and landscaping construction in the Guri-si D and E Park in order to prevent habitual flood damage to housing sites around C Elementary School.

B. The Defendant was awarded a contract for the installation of excellent storage facilities from the Guri-si.

C. On December 21, 2015, the Plaintiff was awarded a subcontract by the Defendant for a total of KRW 653,070,000 for earth and sand works, KRW 417,010,00 for reinforced concrete works, KRW 299,420,00 for water supply and sewerage works, KRW 1,369,50,000 for construction period, and KRW 1,369,50,00 for water supply and sewerage works, and KRW 1,369,50,00 for construction period from December 21, 2015 to November 11, 2017.

On April 11, 2016, the Plaintiff received advance payment of KRW 198,00,000 ( KRW 66,000,000 per each construction work) from the Defendant.

E. However, the Plaintiff could commence construction works only on September 27, 2016 on the wind where the removal of obstacles in the construction site is delayed. From September 2016, the Plaintiff received total amount of KRW 281,789,200 for progress payment four times from around September 2016 (the advance payment deducted amounting to KRW 44,614,90), and the five-time progress payment was not paid KRW 9,732,80 for progress payment.

F. On November 21, 2016, the Plaintiff filed a claim with the Defendant for labor costs and indirect costs incurred during the period of delay, and notified the Defendant of the termination of the subcontract agreement on April 12, 2017, stating that “A claim for damages incurred during the period of delay was rejected by the Defendant to maintain the subcontract because it was impossible for the Defendant to accept the claim for damages.”

G. On June 15, 2017, the Defendant further subcontracted the construction work that was subcontracted to the Plaintiff to Nonparty F Co., Ltd. to Nonparty F Co., Ltd. KRW 1,100,000 (Seoul Corporation KRW 472,780,000, reinforced concrete construction work KRW 382,80,000, and KRW 244,420,000).

[Evidence A] Evidence Nos. 1, 2, 3, 11, 15, and Nos. 1 through 6, 10 through 14

2. The assertion;

A. On February 1, 2016, the Plaintiff alleged the Plaintiff’s primary assertion, and the Plaintiff was ordered by the Defendant to commence construction works from March 1, 2016, and on February 16, 2016, to establish a site office and employ employees.