1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 2016, the Plaintiff entered D as its representative director at the time of the Defendant, not the Defendant, the initial contract of this case between the Defendant and the Defendant, but signed with the Defendant’s seal affixed thereon, but the Defendant was entered as the contractor in the process of concluding the modified contract.

The construction contract (hereinafter “instant contract”) was entered into with the following terms and conditions to contract the construction work for the construction work of the commercial building of the first and fourth floors above ground (hereinafter “instant construction work”).

3. Date of commencement: The scheduled date for completion of works on August 4, 2016: The contract amount on December 31, 2016: 1,610,000,000 won (excluding value-added tax).

7. Advance payment: 322,00,000 won (payment within seven days after a conclusion of a contract).

8. End amount: Payment of 30% of the contract amount after completion of a steel structure of the first floor; 11. The rate of liquidated damages for delay: 1/1,000: The remainder (50% of the contract amount) on March 13, 190 shall be paid in cash within 30 days after completion.

B. As the instant construction was not completed by the scheduled completion date of the instant contract ( December 31, 2016), the Plaintiff and the Defendant concluded a third amendment agreement, respectively, which extends the scheduled completion date to February 28, 2017; the second amendment agreement extending the scheduled completion date to February 27, 2017 to March 31, 2017; and the third amendment agreement, which extends the scheduled completion date to March 31, 2017 to April 30, 2017.

C. As the Defendant failed to complete the instant construction even before the completion date of the instant construction works as stated in the relevant amendment agreement, on June 9, 2017, prepared a letter of non-performance as follows, and then prepared a letter of certification (Evidence A2; hereinafter “instant certificate”) and delivered it to the Plaintiff.

(hereinafter referred to as the “instant modified contract”) 2.B.

It received KRW 855,00,000 (including value-added tax) as the construction price by December 2016.

3. Payment guarantees and oral payment guarantees;

가. 지불보증금 레미콘 대금: 31,000,000원(부가가치세 포함) 샷시 대금: 215,000,000원(부가가치세 별도) 벽석...