1. The plaintiff's claim is dismissed.

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

1. Basic facts;

A. On May 5, 2016, the Defendant: (a) concluded a contract with C Co., Ltd. (hereinafter referred to as “Nonindicted Company”); (b) on September 10, 2016, the date of completion of the new construction of neighborhood living facilities and multi-family houses located in Jeju; and (c) on September 10, 2016, the construction cost was KRW 238,500,00

B. On August 29, 2016, the Plaintiff has a claim for a monetary loan agreement of KRW 34,722,200 against the non-party company.

C. On January 21, 2017, the Defendant sent to Nonparty Company a certificate of the content of urging Nonparty Company to perform the contract, and sent a certificate of the content of the contract cancellation on April 4, 2017.

On June 12, 2017, the non-party company closed its business.

[Evidence A] Evidence Nos. 1, 4, 1, 1, and the purport of the whole pleadings

2. The plaintiff's assertion unilaterally terminated the contract for the non-party company with the completion of approximately 80% process of the above construction. For this reason, the non-party company suffered damages (the cost incurred by the non-party company until the profit or termination of the construction project, on the premise of completion of the construction project).

Therefore, the Plaintiff claims damages against the Defendant in subrogation of the non-party company in order to preserve the claim for a monetary loan agreement against the non-party company.

3. Determination and conclusion, however, there is no evidence to prove that the defendant is responsible for rescinding the contract of this case

(B) The Plaintiff’s claim is without merit. The Plaintiff’s claim is without merit.