1. The plaintiff's claim is dismissed.

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

1. The Defendant entered into a subcontract with the Plaintiff on October 19, 2015, on behalf of the Plaintiff and the construction amount of which were KRW 1,721,280,000 (including value-added tax) and the construction period from November 1, 2015 to April 26, 2016, as ordered by the Gyeonggi-do Office of Education for the new construction of B elementary school building building (hereinafter “instant construction”).

In the event that the construction period was imminent and the owner’s commencement of the instant construction without obtaining the subcontract approval, the Plaintiff and the Defendant agreed to continue the instant construction after obtaining a license from a master construction company (hereinafter “master construction”), and accordingly, the subcontract agreement was made between the Defendant and the master construction on December 2, 2015.

However, as the plaintiff refused to provide cash security required by Jinjin Construction, a contract termination agreement between the defendant and Minjin Construction was prepared on January 12, 2016, which would invalidate the above subcontract agreement and not claim mutual expenses.

Until a new subcontractor is selected, the Plaintiff and the Defendant agreed to complete the construction of the underground floor and the foundation of the floor by the Defendant’s direct payment of the construction cost, and accordingly, the construction of the instant case continued to be carried out, and was suspended on January 2016 while the construction of the underground floor and the foundation of the floor (excluding gymnasiums) was carried out.

【Ground of recognition】 The fact that there has been no dispute, Gap 3 evidence, Eul 3 evidence, Eul 4-1, Eul 6-1-3, the purport of the whole pleadings

2. The assertion and judgment

A. On November 2, 2015, the subcontract agreement was prepared between the Plaintiff’s assertion and the Defendant and the Construction of Master Crafts. At that time, the Plaintiff entered into a subcontract and a master construction agreement formally between the Plaintiff, the Defendant, and the Construction of Master Crafts, but the Plaintiff actually entered into the subcontract and a master construction agreement on December 1, 2015.