1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 1, 2013, the Defendant newly constructed a double-use house on the Seo-gu Incheon Seo-gu block, and concluded a construction contract with the Plaintiff regarding the structural construction of the said new construction (hereinafter “instant construction”) on the following terms:

(hereinafter referred to as “the instant construction contract”: Payment of the price of KRW 58,850,00 (including value-added tax): An advance of KRW 5,500,000: The Defendant shall, with the Plaintiff’s consent, direct transfer to the temporary reconsigning enterprise; and the period of construction shall be calculated at the end of each month and paid in cash on the 10th day of the following month: From July 2, 2013 to October 31, 2013.

1) After the conclusion of the instant construction contract, the Defendant directly paid the advance payment of KRW 5.5 million to the temporary sub-contractor. 2) The Plaintiff filed a claim against the Defendant for KRW 24,892,150,000 calculated as of July 31, 2013. The Defendant directly paid the said advance payment to labor workers and self-employed enterprises.

C. Meanwhile, the Plaintiff experienced conflict with the Defendant due to the modification of drawings and the issue of additional construction cost, etc., around August 26, 2013, the instant construction was suspended, and the instant construction was discontinued at the construction site of this case following the following day.

The Defendant urged the Plaintiff to resume the instant construction project, and sent each content-certified mail to the effect that the instant construction contract will be terminated on September 10, 2013, September 12, 2013, and October 10, 2013, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 6 (including branch numbers), Gap evidence 2-1, Eul evidence 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the construction contract of this case was concluded by the Defendant is obliged to pay the construction cost of KRW 38,525,100 for the second term portion that the Plaintiff performed from August 1, 2013 to August 26, 2013 under the instant construction contract.

B. The defendant's assertion (1) is based on the plaintiff's improper refusal of performance.