1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 2010, the Defendant awarded a contract for the new construction of C in Busan Nam-gu, and subcontracted for the said construction to the ASEAN Construction Co., Ltd. (hereinafter “ASEAN Construction”). From October 2010, the Plaintiff re-subcontracted the construction cost of the said construction to KRW 376,711,850 (hereinafter “instant construction”) for the soil-proof facility construction among the said construction works (hereinafter “instant construction”).

B. During the process of the instant construction project, the Plaintiff received a written consent from the Defendant on October 4, 201 to not pay the progress payment, and received a direct payment of KRW 40 million out of the completion payment of the instant construction project from the Defendant on October 4, 2011. However, as the ASEAN Construction starts with January 1, 2012, the instant construction was discontinued at that time, and thereafter, the instant construction was suspended at that time, and on February 2012, 2012, E, the Defendant’s on-site captain, who was the Defendant’s on-site captain, sought that the construction will not continue without resolving the instant construction cost. Accordingly, E requested the Plaintiff to complete the construction by referring to the method of executing the performance guarantee of the ASEAN Construction’s performance.

C. On April 12, 2012, the Plaintiff filed a civil petition on the delayed payment of the instant construction cost at the National Newspapers. Accordingly, the National Defense Facility Headquarters urged the Defendant to resolve the said problem on April 24, 2012, and the Defendant’s side submitted a report to the effect that “it is an advance to be treated in the amount of contract deposit (290 million won) as a means of handling the unpaid payment to the Plaintiff.” After that, the National Defense Facility Headquarters, on April 27, 2012, consulted with the Plaintiff on several occasions at the Newsung Construction Co., Ltd., the primary contractor, to resolve the delayed payment of the construction cost, there was no intention to treat civil petitions on the delayed payment of the construction cost and to promote the remaining progress.