1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On September 28, 2017, the Plaintiff entered into a contract with the Defendant for the construction cost of KRW 3,382,689,030 with respect to the “E” (hereinafter “E”) and for the construction period of KRW 365 (hereinafter “the first contract”).

B. At the time of the instant initial contract, the date of commencement was September 29, 2016; the date of completion was September 28, 2017; however, the original and the Defendant delayed two times only on the date of completion as it was, and the date of completion was later extended on December 2, 2017 (hereinafter “the first modified contract”); on November 30, 2017, the date of completion was changed on December 18, 2017 (hereinafter “the second modified contract”); and the Plaintiff completed the instant construction on May 25, 2018.

C. On August 17, 2018, the Defendant deposited the balance of the construction price as Cheongju District Court No. 3077, 2018, and deposited KRW 468,582,710 for the remainder of the construction price after deducting KRW 72,398,620 as damages for delay on 155 days (from December 22, 2017 to May 25, 2018) due to miscellaneous damages under Article 30 of the Act on Contracts to Which a Local Government Is a Party.

At the time of the above deposit, the creditor who received a seizure and collection order against the plaintiff's claim for the price of the construction of this case against the defendant is as shown in the attached sheet. The sum of the amount of the collection order distributed to the above creditors in the F dividend procedure in the Cheongju District Court is equal to the amount stated in the attached sheet. The sum of the amount of the collection order reaches KRW 410,663,895 and the amount distributed in the distribution procedure is merely KRW 167,403,593 and the difference is merely KRW 243,260,302

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 6, Gap evidence 13, Eul evidence 22, the purport of the whole pleadings

2. Determination

A. The plaintiff is the cause of the claim in this case. Since the construction of the G company, which had been engaged in construction in the field adjacent to the site in this case, has been delayed, there is no cause attributable to the plaintiff for delay in the commencement of construction, and the construction in this case