1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. On July 17, 2014, the Plaintiff and the Defendant, on July 17, 2014, shall be the Plaintiff’s ground D hotel (hereinafter “instant building”).

(2) The term “instant construction” (hereinafter referred to as “instant construction”)

As to the construction cost, KRW 950 million (including value-added tax) and the completion date of the construction contract were determined on November 28, 2014, and entered into a contract for the construction work. The Plaintiff continued the construction work in accordance with the said contract for the construction work, but the construction work was discontinued at the rate of 82.5% due to the Defendant’s fault. Since the Defendant paid only KRW 50 million to the Plaintiff, the Defendant is obligated to pay to the Plaintiff the remainder of the construction work cost (=950 million x KRW 82.5% - KRW 50 million). The Defendant sought payment of KRW 100 million among them and delay damages therefrom from some claims. (ii) The Defendant entered into a contract for the construction work with E Co., Ltd. (F Co., Ltd. after the modification; hereinafter “E”).

However, because E did not have a comprehensive construction license, only the Plaintiff and the Defendant concluded a construction contract in formality to obtain a comprehensive construction license from the Plaintiff.

Therefore, since the contract for construction work concluded between the plaintiff and the defendant is invalid as it constitutes a false declaration of agreement, the plaintiff's claim is unfair.

B. Determination 1) On July 17, 2014, the Plaintiff and the Defendant concluded a contract for construction works of this case with respect to the instant construction works, may be acknowledged by the entry of evidence Nos. 3, or by the entry of evidence Nos. 1 and 2 through 5. However, in light of the following facts and circumstances, the said contract for construction works between the Plaintiff and the Defendant was concluded formally for the purpose of leasing a comprehensive construction license.