1. The plaintiff's claim is dismissed.

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

Basic Facts

On July 25, 2014, the Plaintiff received a subcontract for a construction contract that is determined by the payment in cash as of the end of the following month after receiving the original payment date from March 21, 2014 to April 15, 2016 with respect to the construction work cost of KRW 2,916,00,000 (excluding value-added tax), and the construction period of the D Road Construction (hereinafter referred to as the “instant construction work”).

(hereinafter “instant contract”). Around March 21, 2014, the instant construction was commenced by F and was succeeded to the Plaintiff on or around July 25, 2014 during the process of construction, and the Plaintiff commenced the instant construction work from July 2014 under the instant contract and suspended the construction work on or around January 2015, after entering into an agreement between the Defendant and the Defendant on July 2015.

The construction cost of the part that the Plaintiff performed from July 25, 2014 to January 2015 is KRW 326,048,148 (excluding value-added tax; hereinafter the same shall apply), the construction cost of the non-construction is KRW 2,589,951,852, and the height and height ratio is 11.18%.

On the other hand, before the Plaintiff succeeded to the instant construction work on July 25, 2014, the construction cost of the F’s construction cost was KRW 77,003,881, and the flag rate was 2.64%.

From September 30, 2014 to February 28, 2015, the Plaintiff received construction cost of KRW 265,639,541 from the Defendant.

[Ground of recognition] without dispute, Gap 1, 11, and 16 evidence (including a Serial number), appraiser G’s appraisal result and additional appraisal result, the gist of the Plaintiff’s assertion of the purport of the entire pleadings is KRW 326,048,148, and the construction cost of the part performed by F before the succession of the instant construction work is KRW 77,003,881, since the construction cost of the portion performed by F before the succession of the instant construction work remains unpaid KRW 249,04,267 (=326,048,148 - 7,003,003,881 won). Although the Plaintiff paid all kinds of equipment, etc. at the instant construction work, it is revoked due to the Defendant’s nonperformance of obligation, and thus, the aforementioned construction cost is revoked.