1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 25, 2013, the Plaintiff entered into a contract with the Defendant for Sungju Crote Corporation (hereinafter “instant construction”) with the cost of construction of KRW 6,500,000 (including value-added tax) and the construction period from February 25, 2013 to April 20, 2013; however, the advance payment of KRW 50,000 (excluding value-added tax; hereinafter the same shall apply) shall be paid up to February 22, 2012; the first intermediate payment of KRW 50,00,00 until March 8, 2012; the second intermediate payment of KRW 10,000,000 until March 22, 2012; and the second intermediate payment of KRW 50,000,000 until April 22, 2012; and each of the remaining KRW 300,000,000 after being paid by the Corporation, respectively.

(hereinafter “instant construction contract”).

B. On February 27, 2013, the Plaintiff was paid KRW 180 million in total, including KRW 50 million on February 26, 2013, KRW 70 million on March 14, 2013, and KRW 60 million on April 5, 2013.

C. The Plaintiff demanded the Defendant to pay the remainder of KRW 70 million (in advance, KRW 250 million in total, KRW 250 million in the third intermediate payment - KRW 180 million in the fixed payment) that was paid prior to completion of the instant construction project. The Defendant did not pay the said money on the ground that the instant construction project was not being carried out as scheduled, and the Plaintiff eventually suspended the instant construction project on April 2013.

After that, the Defendant agreed several times to resume the instant construction, but the construction has not been resumed. Ultimately, the Defendant notified the Plaintiff of the termination of the instant construction project on October 7, 2013. Furthermore, around October 30, 2013, the Defendant completed the instant construction project by awarding the contract for the remaining construction among the instant construction works to D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2, 3 and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion.