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 with the purpose of leasing construction materials, etc., and the defendant is a corporation with the purpose of housing construction business, etc.

C A stock company (hereinafter referred to as “C”) is a corporation for the purpose of building works, etc.

B. The Defendant’s subcontracting contract 1) On April 7, 2016, the Defendant entered into a subcontract with C, which is a reinforced concrete construction work among the construction works of E-building ordered by D Co., Ltd. (hereinafter “instant construction work”).

As to construction period from April 7, 2016 to May 30, 2017, a subcontract agreement with the content that the contract amount is 15,789,150,000 won, supply price is 15,785,218,372 won (labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry), value-added 3,931,628 won, value-added 3,931,628 won, value-added 3% of the contract amount for warranty, value-added 3% of the contract amount for warranty, value-added 1/1,000 of the contract amount for delay (hereinafter “instant contract”).

(2) On April 7, 2016, C concluded a direct and non-performance agreement (hereinafter “instant direct and non-performance agreement”) with all creditors related to the instant construction project, including workers, equipment companies, and material suppliers employed in C, with a view to affecting the implementation of the construction project, and with a view to timely payment of the price, C agreed to pay the price directly to all creditors of the said construction project, such as workers, equipment companies, and materials suppliers, etc. employed in C, and C made and issued a direct and non-performance agreement (hereinafter “instant direct and non-performance agreement”).

3. On April 19, 2016, C requested in writing by the Defendant that the Defendant had failed to comply with the process schedule or the process schedule agreed upon after the contract was entered into between the Defendant and C, for more than 10 days due to the failure to comply with C’s cause. However, if C fails to present in writing reasonable response measures within one week, it shall be deemed that the instant construction was voluntarily waived, and the Defendant’s various rights relating to the waiver of construction are the Defendant.