1. The plaintiff's claim is dismissed.

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

Basic Facts

On July 31, 2015, the Plaintiff entered into a construction contract (hereinafter referred to as “instant construction contract”) with regard to the construction work of Tae Tae-gun Co., Ltd. (hereinafter referred to as “T Tae-gun”) and Jjin-gun In-gun Indoor Sports Center (hereinafter referred to as “instant construction work”). The Plaintiff entered into a construction contract (hereinafter referred to as “instant construction contract”) with the owner of an order from August 6, 2015 to February 1, 2016, “1,716,260,000 won of the construction cost of the first contract” and additionally stated the construction period from August 6, 2015 to August 4, 2016 as KRW 1,957,981,00.

Since then, the Plaintiff and Thai-si concluded a modified contract for the instant construction contract, thereby increasing the construction cost from KRW 1,957,981,00 to KRW 2,107,891,00.

The main contents of the general conditions of the construction contract attached to the instant construction contract (hereinafter “general conditions of the construction contract”) are as follows.

Delay in performing the contract under Section 8 of the General Conditions of the Construction Contract and rescission and termination of the contract

3. The other party to the contract means the other party to the contract.

cancellation or termination of a contract by any cause attributable to him/her

(a) In any of the following cases, the grounds for cancellation or termination of a contract shall arise due to any cause attributable to the other party to the contract:

7. Where the construction work is not completed or is deemed unlikely to be completed due to any cause attributable to the other party to the contract.

(f) Where a contract has been terminated or terminated pursuant to “A”, the other party to the contract refers to the Plaintiff who has ordered the balance in addition to the agreed interest amount as to the balance, if any, to the unpaid balance with respect to the advance payment received;

must be repaid to the Corporation.

(g) in the case of “F” means a public official belonging to the Plaintiff in charge of the contract. The balance and the amount payable for the completed portion shall be offset;

Provided, That the payment guarantee of subcontract consideration is not provided pursuant to the Framework Act on the Construction Industry and the Fair Transactions in Subcontracting Act, and the payment guarantee is not provided.