1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 21, 2009, the Defendant issued a subcontract (hereinafter “the subcontract in this case”) for the construction cost of KRW 6,841,115,600 (including value-added tax, and labor cost of KRW 1,950,35,741) from July 21, 2009 to March 31, 201 (hereinafter “the subcontract in this case”) to Yeonsu-gu, Yeonsu-gu, Incheon.

B. In the event that the delayed payment of the wages of the Seoan C&C at the time of the instant subcontract is confirmed, the Defendant may directly pay the wages within the limit of the term debt, and the Defendant consented in advance to directly pay the wages from the subcontract price upon receiving a report from the creditors related to the construction project’s claims. Accordingly, if the Defendant directly pays the wages, the Defendant is exempted from the obligation to pay the above amount for the delayed payment, and all the expenses incurred in the disposal of the environmental pollutants arising from the construction project are borne by the Seoan C&C, and the Defendant may deduct all the expenses related to the disposal from the progress payment.

(Articles 11, 12, and 15 of the Subcontract Agreement).

On September 18, 2009, S&C granted a sub-subcontract for the construction cost of KRW 857,100,000 for the construction cost of the 107 T&C construction project during the instant construction project, and KRW 487,50,000 for the construction cost of the instant construction project on November 12, 2009, respectively (hereinafter “instant sub-subcontract”). D.

As of December 30, 2009, the unpaid portion of the construction cost of re-subcontract 623,002,558 of the annual rent design was KRW 387,152,558 (including value-added tax; hereinafter “re-subcontract 1”).

E. On February 22, 2010, the annual rent design is 63.2.