1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 7, 2010, the Plaintiff, as a specialized packing contractor, was awarded a contract for the Army B Corporation (hereinafter “instant construction”) from the Defendant for the construction cost of KRW 58,821,00 (including value-added tax) and the construction period from December 8, 2010 to December 31, 2010.

B. The Plaintiff and the Defendant changed the said construction period from January 31, 2011 to March 6, 2011, on the grounds of the suspension of water construction, incidental training, and the occurrence of the following events: (a) but again changed from March 6, 201 to April 30, 201.

C. From April 19, 201 to April 20, 2011, with respect to the instant construction project, the Plaintiff: (a) was engaged in repair works by the method of cutting and repackaging a specific part of the asphalt; and (b) decided to complete the black construction works from May 2, 201 to May 4, 2011 (or a quantity of 91.6m) in consultation with the Defendant, but from May 4, 201 to May 5, 2011, the Plaintiff was engaged in construction works at 40m in some of the above black construction works (or a quantity of 40m from May 4, 201 to May 5, 2011).

On May 11, 2011, the Plaintiff and the Defendant agreed to settle the part of the Plaintiff’s construction work until the discontinuance of the construction work after cancelling the instant construction contract. The Plaintiff and the Defendant agreed to settle the part of the Plaintiff’s construction work until the discontinuance of the construction work.

E. The advance payment that the Defendant paid to the Plaintiff in relation to the instant construction project is KRW 43,632,534.

[Ground of recognition] In the absence of dispute, Gap's 1 through 4, 8, 10, 13 evidence, Eul's 3, 5, 9, 10, 11 evidence (including a serial number, if any), witness C's testimony, inquiry of the fact to the Utex Korea corporation of this court, the result of the plaintiff's representative director's personal inquiry, the purport of the whole pleadings, the whole purport of arguments.

2. Determination as to the cause of action

A. The plaintiff alleged by the parties is a single section relating to the instant construction project.