1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

1. Basic facts

A. The Plaintiff did not confirm the specific location of the Cheongju factory between the B Co., Ltd. (hereinafter “B”) on November 1, 2016, but it appears that the Plaintiff means a factory operated by the Cheongju-si.

A. Upon entering into a contract with respect to the construction of D equipment (hereinafter referred to as “instant installation”), the construction cost of KRW 2.69 billion (value added tax) and the construction period of KRW 30 million (hereinafter referred to as “instant construction contract”) as of March 31, 2017 (hereinafter referred to as “the instant construction contract”), the contract amount of KRW 87 billion, which is 30,000,000,000 of the construction cost, shall be the down payment, and KRW 887,77 million, which is 30% of the construction cost after the process of manufacturing the equipment and the process of manufacturing the equipment, shall be 87,700,000,000 won, which is 20% of the construction cost, after the entire installation of the equipment and the completion of operating the equipment, shall be paid in bills, respectively.

B. According to the instant construction contract, on November 2, 2016, the Plaintiff paid the down payment of KRW 887 billion equivalent to 30% of the construction price to B, and paid KRW 87 billion in bills, which is equivalent to 30% of the construction price on February 23, 2017.

C. B was declared bankrupt on May 1, 2017 by Seoul Rehabilitation Court No. 2017Hahap10054, and the Defendant was appointed as the bankruptcy trustee B.

On May 18, 2017, the Plaintiff sent a content-certified mail to the Defendant stating that “The Plaintiff would choose whether to implement the instant construction contract or terminate the contract, and, when selecting the termination of the contract, would request the Plaintiff to treat as estate claims the sum of the down payment and the first intermediate payment paid to B as estate claims.”

E. On June 7, 2017, the Defendant cannot perform the instant construction project due to the Plaintiff’s bankruptcy, and thus, terminated the instant construction contract.

B received KRW 1.77 billion in accordance with the progress rate of the instant construction project.