1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 1, 2013, C Co., Ltd. (hereinafter “C”) whose representative is the Plaintiff entered into a contract with the Defendant to newly construct a warehouse on the ground D in the East Sea.

Among the contracts (Evidence A(Evidence A(2)) written at the time, the contents relating to this case are as follows:

(hereinafter referred to as “instant construction project,” “instant construction contract,” and “instant contract,” 1. A project owner: E representative B (Defendant)

2. Construction name: New construction of D warehouse;

3. The construction place: D in the same year; and

4. Commencement of a construction period: The contract price on July 31, 2013: KRW 280,000 (280,000,000) for the daily gold sale on July 35, 2013.

(a) Value of supply: KRW 280,000,000 ( KRW 280,000); and

(b) Additional tax: A separate tax;

(c) Total amount:

6. Payment and adjustment of the price: The owner of a building shall make the payment of the price as follows in order to ensure the smooth construction work:

(b) The first intermediate payment: The date on which civil engineering works commence after removal works (50 percent of the contract amount);

(c) Second intermediate payments: Before the steel framed works in warehouses and the establishment of committees (30% of the contract amount);

(d) Balance: Cash payment after the completion of construction (10 percent of the contract amount);

B. C performed the instant construction pursuant to the instant contract, and the Defendant paid a total of KRW 252,00,000 on six occasions from April 12, 2013 to June 14, 2013 as the construction price.

C. Meanwhile, around July 2013, C and the Defendant were dissatisfied with the issue of payment of additional construction cost, and C ceased the instant construction work around that time.

Accordingly, on August 31, 2013, the Defendant notified C of the rescission of the instant construction contract.

On September 9, 2013, the Defendant filed a lawsuit against Chuncheon District Court Gangnam Branch C to return KRW 30 million exceeding the flag payment out of the construction payment that C paid to the Defendant, only 70% of the flag payment as of the date of discontinuance of the instant construction work.