1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a corporation that performs civil engineering and construction business, and the Defendant is a person who operates a construction business entity called “C”.

B. On January 15, 2010, the Plaintiff received from the Defendant the first-class neighborhood living facilities (retail stores), C factory sites and access roads, second-class neighborhood living facilities (general restaurants, offices) construction period from January 1, 2010 to March 2010 (hereinafter “instant one construction”) with respect to the D workers in Ulsan-gun, Ulsan-gun, U.S., which are owned by the Defendant, from the Defendant, a contract was made by the Plaintiff and the Defendant to re-determine the unit price by mutual agreement between the Plaintiff and the Defendant in the course of construction.

C. After that, the Plaintiff entered into an agreement with the Defendant on May 25, 2010 with respect to the instant construction work (hereinafter “instant agreement”) as follows.

- - The following:

1. Total amount of 31,350,000 won for non-payment of construction expenses; and

2. Money borrowed as 40,000,000 won (amount remitted to KRW 80,000,000 on January 18, 2010).

3. Two group (class 1 neighborhood living site) site: 105,00,000 won in total for earth and sand work site;

4. Compensation for losses and expected profit of 50,000,000 won due to non-performance of loans (40,000,000 won).

5. The construction of E-road shall be executed in a stage.

Of the above 1,2,71,350,000 won, 20,000 won by June 8, 2010, the remaining 41,350,000 won shall be paid upon the receipt of the balance of the purchase price of a single site, and 10,000,000,000 won for legal slope construction equipment usage fees shall be paid within three days after the completion of the entire construction of the third site.

The amount of paragraph (3) shall be settled within one month after the completion of construction of a site for three parts (class 1 neighborhood living site) of two parts (factory site).

The amount of damages and expected profit 50,000,000 won due to the default under paragraph (4) shall be settled at the time of the receipt of the remainder of the purchase price of the site in two parts (factory site).

On June 7, 2010, the Plaintiff: (a) from the Defendant on June 7, 2010, Class II neighborhood living site and access road construction works in Ulsan-gun, Ulsan-gun; (b) “instant two construction works”; and (c) the instant one construction works.