1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff and C Co., Ltd. (hereinafter “C”) (hereinafter “C”)

(1) On April 1, 2015, the Plaintiff’s construction works for the new apartment (hereinafter “instant construction works”) among the new construction works for third-party D apartment buildings (hereinafter “instant construction works”).

(3) A contract for a construction project (including value-added tax), the contract amount of which is KRW 3,95,00,000 (including value-added tax), no advance payment, or the date of commencement of the project, April 1, 2015, and August 30, 2016, is fixed as the date of completion of the project and subcontracted it to C (hereinafter “instant first subcontract”).

(2) On January 19, 2016, the Plaintiff sent to C a content-certified mail stating that “The instant apartment shall be suspended on January 21, 2016 in order to undergo the process of converting the instant apartment into a leased apartment.”

B. On March 16, 2016, the Plaintiff and C have concluded a subcontract and resumeed construction works. On the same day, the Plaintiff and C have prepared a settlement agreement and a construction resumption agreement (Evidence B) with the settlement amount of 1,982,00,000 won for the discontinuance of construction works as of March 16, 2016, and on the same day, the Plaintiff subcontracts the instant construction works to C with the contract amount of 2,063,000,000 won (including value-added tax), advance payment of 250,000,000 won, and advance payment of 2,00,000 won, March 16, 2016, and February 28, 2017 (hereinafter “instant subcontract 2”).

A) The part relating to the instant construction resumption agreement is not possible to issue a letter of advance payment guarantee to the subcontractor while the present contract was maintained. As such, the part relating to the instant construction resumption agreement is to run a new contract with the balance amount after settlement as of January 2016, based on the settlement amount.

4. Terms and conditions 2) Any advance payment paid after signing a modified contract with respect to the amount of non-payment (such as labor expenses, material expenses, expenses, etc.) incurred before the discontinuance of the construction project, after submitting an advance payment guarantee, such as an agreement to modify the 250,000,000 won in advance, and an agreement to resume the construction. 3) Any advance payment paid shall be deducted from the progress payment every month in consultation.

E. 2 The Plaintiff on January 2016.