1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 9, 201, the Defendant and the Daejin Construction Co., Ltd. (hereinafter “Dajin Construction”) jointly received the instant construction from Chungcheongnam-do with the total construction cost of KRW 2,160,427,000. The Defendant agreed that the part of the instant construction works (hereinafter “instant civil construction works”) among the instant construction works will be 4.27%, and the part of the instant construction among the instant construction works (hereinafter “the instant construction works”) will be 5.72% from the construction cost.

B. Around September 15, 2011, Defendant and Daejin Construction commenced the instant construction work, and the instant construction was completed on or around September 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, fact-finding results on the Cheongnam-do General Construction Business Office, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) around April 24, 2012, the Plaintiff received a blanket subcontract for the instant civil works from the Defendant. As a condition of the subcontract, the Defendant deducted 25% from the construction cost to be paid from Chungcheongnam-do, and decided to pay the Plaintiff the remainder of 75% from the construction cost. After which the Plaintiff had performed the instant civil works according to the subcontract agreement, the said subcontract was terminated upon the occurrence of dispute over the payment of the construction cost, and the said subcontract was terminated. The construction cost due to the nature of the instant civil works performed by the Plaintiff at the time of the discontinuance of the construction work was KRW 638,577,020. The construction cost due to the failure of the construction work performed by the Plaintiff at the time of the discontinuance of the construction work was KRW 638,932,765 won (=638,577,020 x 75%). Since the Defendant paid 37,081,781,7585 won and damages for delay from the construction price to the Plaintiff.