1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 4, 2014, the Plaintiff was established on April 4, 201, and operated a painting, environmental cooperation and mechanical equipment manufacturing business, etc., and the Defendant was established on February 25, 200 and operated a mechanical equipment construction business, etc. in Gangnam-gu Seoul Metropolitan Government E.

B. On October 31, 2017, the Plaintiff (contractor) entered into a contract with the Defendant (contractor) for the instant construction works (hereinafter “instant construction works”) (hereinafter “instant contract”). The main contents are as follows.

1. Construction name: C Corporation;

2. The construction site: Within the Ulsan F site;

3. Period of construction: Commencement on October 31, 2017, and completion on February 28, 2018;

4. Contract amount: 850,000 won [the supply price = 780,000 won (the value of labor cost of 539,088,436 won) 78,00,000 won of value-added tax of 78,000 won];

5. Advance payments (40%) : 343,200,000 won - - If a claim is made, the contract execution securities and securities to guarantee the performance of advance payments shall be submitted in writing - Method of payment: Cash on November 6, 2017;

6. Completion portion: At a Initial rate (hereinafter referred to as "exploitation").

C. On November 1, 2017, the Plaintiff concluded a performance advance payment guarantee insurance contract with G Co., Ltd. and the Defendant as the insured, and submitted to the Defendant an advance payment guarantee bond of G Co., Ltd. in accordance with the instant contract, and the same month.

6. The Defendant received advance payment of KRW 343,200,000 from the Defendant;

(hereinafter “instant advance payment”) D.

On January 10, 2018, the Defendant sent to the Plaintiff, on the ground that “the Plaintiff violated Article 37 of the General Conditions of the instant contract (Prohibition of Non-Ethical Acts)” and the content-certified mail, based on a written commitment to the implementation of the ethical law written by the Plaintiff, sent the instant contract to the Plaintiff.

E. On January 15, 2018, the Defendant returned the Plaintiff’s notification as of January 10, 2018 to the addressee’s unknown address. However, as the Defendant notified at the seat of the Plaintiff’s head office, the instant contract was rescinded on January 11, 2018, the date of arrival.

‘The content-certified mail seeking the return of the advance payment of this case was sent.

F. The Plaintiff on January 2018