1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 2010, Dong Ho Construction Co., Ltd. entered into a contract with the Defendant Association for the 1,980,000,000 won contract amounting to the contract amount of the 1,980,000,000 won (excluding value-added tax) and the scheduled completion date of the construction project on September 30, 2010, which changed the scheduled completion date of the construction project on September 29, 2010 to November 30, 2010.

(hereinafter referred to as "the instant construction contract") B.

On June 15, 2010, the Plaintiff entered into a contract with Dong Heung Construction Co., Ltd. to supply materials to the construction site of the instant construction site, and the Defendant Union confirmed this to the Plaintiff on June 24, 2010.

C. On December 2, 2010, Dong Heung Construction Co., Ltd. notified the Defendant Union of the suspension of the instant construction project due to the construction cost and the unpaid funds for completion preparation, the issue of filing a lawsuit seeking confirmation of invalidity of the sales contract by some contractors, etc.

On October 4, 2010, Dong Ho Construction Co., Ltd. issued a tax invoice to claim KRW 530,000,000,000 for each of the supply price on January 19, 201 and the supply price of KRW 550,00,000 for each of the supply price on December 29, 201, and the Defendant Co., Ltd paid KRW 729,262,000 for each of the Defendant Co., Ltd. from June 11, 201 to October 21, 201.

E. On the other hand, on November 30, 201, the Defendant Union concluded a construction contract with the comprehensive construction company for the instant apartment complex with the amount of construction cost of KRW 1,450,000 (including traffic inducement charges).

F. It is clear that the Defendant Association had no possibility of completing construction works within the contract term on December 26, 201, and delayed construction works until now even though it had been settled the construction cost.