1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 4, 2014, the Plaintiff entered into a contract with the Defendant on tree dressing works (hereinafter “instant contract”) with the following content.

2. The name of the subcontracted project: Trees among C projects;

4. Construction period: Whole portion - The third portion for the start of April 4, 2014 - the completion on March 4, 2014, and the completion on January 30, 2014.

5. Contract amount: The total amount of 30 million won per day - the 3rd portion of 30 million won per day - the total amount of 32,848,000 won per day - the 3rd portion of 300 million won per day - the total amount of 350,000 won per day - the 211,680,000 won per day per day per day - the total amount of 3rd portion of value per day per day - the 3rd portion of 350,000 won per day per day per day - the value of 3rd million won per day per day per day - the total amount of value-added tax ( 211,680,000 won per day per day - the 3rd portion of 3rd,000 won per day gold - the 3rd part of 3rd,0000 won per day per day per day - the 21,68,000 won per day

B. On May 30, 2014, the Defendant paid to the Plaintiff KRW 61,484,890 as part of the third progress payment of the instant contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-2 and 2-2, purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's assertion 1) The plaintiff and the defendant must settle the dispute in accordance with the procedures of mediation, such as the Construction Dispute Mediation Committee, which is not a litigation procedure, in accordance with the terms of the contract in this case (Article 31). Thus, the lawsuit in this case is unlawful in accordance with Article 9 (1) of the Arbitration Act as it violates the above provisions of the arbitration agreement, and is thus unlawful in accordance with the above provisions of Article 9 (1) of the Arbitration Act. In other words, the following circumstances, which are acknowledged as being comprehensively taken into account the facts and the whole purport of the arguments, are ① Article 31 (2) of the contract in this case, namely, the construction dispute mediation committee under Article 69 of the Framework Act on the Construction Industry, or the Subcontract Dispute Mediation Council under Article 24 of the Fair Transactions in Subcontracting Act, may apply for mediation