1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a construction company that received from Nonparty South Korea Development Co., Ltd. a construction company that received the “Tinkern Construction Works 1 and 2” and the Plaintiff is a construction company that treated the said construction company from the Defendant for the premises of the said construction company (hereinafter “instant construction”).

B. On March 12, 2013, the Plaintiff and the Defendant entered into a subcontract (hereinafter “instant subcontract”) with respect to the instant construction work from March 12, 2013 to September 30, 2015; the construction cost of KRW 2.15,1710,000; and the contract bond of KRW 215,171,00 (hereinafter “instant subcontract”); the main contents are as follows.

(hereinafter referred to as “A” and “B” refer to the Plaintiff). [This paper] Article 7 (Execution of Contracts and Guarantee for Payment of Construction Costs) (1) and “A” shall mutually guarantee the payment of the contract performance and the payment of the construction cost in any of the following manners:

1. The method of guaranteeing the contract performance of an amount equivalent to 10% of the contract amount to Party A; 6 If Party B’s contractual obligation is terminated or terminated in whole or in part due to Party A’s failure to perform the contractual obligation, Party A may claim the payment of the deposit under paragraph (3) 1;

Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate all or part of the relevant contract when the contract is not performed within the said period after demanding it to perform the contract in writing, fixing a reasonable period:

1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;

2. When it is clearly acknowledged that the construction work cannot be completed in the air due to a cause attributable to B, such as dishonor and bankruptcy, [special conditions] Article 2 (Character of Contract Guarantee) (1) of the subcontract document of construction works shall be penalty unrelated to the actual loss incurred to A, and Eul shall perform the contract guarantee against A regardless of the rate of fairness in the case of breach of the contract.