1. The plaintiff's claim is dismissed.

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

1. On August 30, 2013, the Plaintiff concluded a subcontract (hereinafter “instant contract”) with the Defendant during the period from August 30, 2013 to December 30, 2013, setting the total construction cost of KRW 803,00,000, and the construction period from August 30, 2013 to December 30, 2013.

The contract of this case paid 50% of the total construction cost until the completion date, and agreed to pay 50% of the remainder at the time of the sale or lease of the completed franchise.

[2] From September 1, 2013, the Plaintiff was performing construction work. The Defendant paid the Plaintiff KRW 181,095,000 as the construction price until December 27, 2013, and the Plaintiff paid KRW 2,1580,00 as the tree wage on November 20, 2013, and KRW 5 million as the other daily construction wage on December 27, 2013.

On December 20, 2013, the Plaintiff received 50% of the total down payment by the date of completion of the construction period if the contract was concluded to the Defendant, but only KRW 150 million was paid by the date when the contract was completed. As such, the delay of the construction was erroneous by the Defendant, and the payment of the agreed contract amount was made by the content-certified mail.

On January 8, 2014, the Defendant paid KRW 401,50,000, which is 50% of the construction cost, to the Plaintiff, if the construction was completed by December 30, 2013, which is the agreed term, and paid KRW 215,00,000 to the Plaintiff or the Plaintiff by means of direct payment of wages until December 27, 2013, since the Plaintiff did not properly perform the construction work and paid KRW 215,00,000 according to the Plaintiff’s construction progress rate, the Defendant sent a document verifying the content of “to complete the construction within the prompt period and claim for compensation for delay.”

Since then, the Defendant paid to the Plaintiff KRW 45 million on February 12, 2014, and KRW 5 million on February 28, 2014, and KRW 5 million on February 28, 2014. On February 12, 2014, the Defendant paid KRW 1.5 million on the other day construction wage, KRW 9.622,00 as the tree wage, KRW 380,00 as food, waste disposal expenses, KRW 825,00 as waste disposal expenses, KRW 1.5 million on the other day construction wage.