1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C On September 15, 2013, the starting date from the Defendant was September 23, 2013; the completion date was November 30, 2014; and the construction cost was determined as KRW 300 million (excluding value-added tax) and was awarded a contract for two new construction projects, E, and E, E, respectively.

B. After that, as the above contract was not implemented smoothly, the Defendant entered into a new contract with C on November 5, 2013 with respect to the construction of four new housing units in Gyeonggi-gu or G ground (hereinafter “instant construction”) in Gyeonggi-do, including the said construction, on November 5, 2013; the date of completion; the date of completion; January 31, 2014; and the price of construction shall be KRW 400 million (excluding value-added tax); and the Defendant entered into a new contract with C as follows:

(hereinafter referred to as “instant contract”). Article 5 (Payment of Construction Price) (1) of the instant contract shall be paid as sales price after approval for use is granted, and payment shall be made after loan or lease at the time of unsold in lots for 30 days. (2) The construction cost shall be paid when deposit and bank loan are deposited.

3) Even after lease and loan, land may be paid and disposed of as a substitute after the shortage of construction costs. 4) When the construction cost is paid as substitute, it shall be paid after repayment of existing loans.

[Matters of special agreement] 10) A contractor may not transfer a construction contract to a third party without the permission of the contractor. 11) A contractor shall not transfer the site to the contractor during the 14-day suspension of the construction work, and shall not claim the construction cost.

12. A contractor or contractor shall agree to adjust when the contractor or contractor violates the terms and conditions of the contract.

C. On November 5, 2013, C expressed to the Defendant the intent to waive the instant construction work when the instant construction work is suspended for at least seven days.

Afterward, C discontinued the instant construction on or around December 2013 while performing only part of the instant construction, and the Defendant urged C to resume the instant construction. On December 31, 2013, C waives all rights to the instant construction where the instant construction is not resumed on or before December 8, 2014.