1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On April 24, 2012, the Plaintiff and the Defendant concluded a contract with the owner A, B, C, D, E, and F (hereinafter “A et al.”) and Seodaemun-gu Seoul Westernmun-gu Seoul Metropolitan Government Residential Environment Improvement Project B-2 block with respect to the project owner and five other project owners, the Plaintiff, the contractor, the Defendant, the construction period from June 7, 2012 to December 31, 2012, the contract amount of KRW 1,76,365,00 (excluding value-added tax), and advance payment of KRW 176,636,50 (hereinafter “the first contract for the instant construction”).

B. On October 1, 2012, with respect to the instant construction project, the Plaintiff concluded a new contract with the Defendant for the construction period from October 1, 2012 to May 31, 2013, 201, with the construction amount of KRW 1,791,965,00, and KRW 20% of the total construction amount of advance payment (deduction based on the monthly base rate) (hereinafter “instant secondary contract”).

Article 26(1) of the Terms and Conditions of the Contract for Construction Work attached to the Second Contract (hereinafter “Terms and Conditions of the Contract for Construction Work”) provides that “A (Plaintiff) and B (Defendant) shall settle the construction amount and the principal and interest of the loan of the completed portion without delay when this contract is rescinded or terminated.”

(hereinafter referred to as the "in general name of the first and second contracts of this case" is each contract of this case (hereinafter referred to as "each contract of this case").

On November 27, 2012, the Plaintiff paid advance payment of KRW 358,393,000 to the Defendant according to the instant secondary contract.

On February 5, 2014, the Defendant entered into an agreement on termination of the construction contract with the Plaintiff (hereinafter “instant termination contract”) with the terms and conditions of terminating the instant secondary contract. On March 31, 2014, the Defendant entered into an agreement on termination of the construction contract with the owner of the instant construction project, A, and five (5) (hereinafter “instant termination contract”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant case.