1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 27, 2014, the Plaintiff entered into a contract with the Defendant for the new construction of a commercial building (hereinafter “instant commercial building”) on the Daejeon Seo-gu C’s land (hereinafter “instant commercial building”). The main content of the contract is as follows.

(2) Construction period: From April 1, 2014 to June 15, 2014, the payment method: (3) The payment method: the first 30,000,000 won (after the first floor) from April 8, 2014; and (4) the third 30,000,000 won (after the second floor) from April 30, 2014; and

B. On March 28, 2014, the Plaintiff received construction cost of KRW 30,00,000 from the Defendant, and commenced construction work on April 1, 2014, and thereafter, the Plaintiff received KRW 48,000,000 out of the secondary construction cost, respectively, from the Defendant on March 28, 2014.

C. The Plaintiff and the Defendant had a dispute over the payment of the secondary construction cost, design modification, etc., and the Plaintiff suspended the instant construction work around April 25, 2014.

On May 20, 2014, the Plaintiff notified the Defendant that “(i) it has not yet been paid KRW 2,00,000,000 among the secondary construction works; (ii) it has not been paid KRW 100,000,000 to be invested in the instant construction works; and (iii) the Plaintiff is unable to perform construction works upon receipt of an order to suspend construction works issued by the supervisor due to the Defendant’s failure to modify the design. If the Defendant fails to resolve the matters mentioned above by May 27, 2014, it would settle the construction cost.”

E. On May 26, 2014, the Defendant notified the Plaintiff of the continuation of the instant construction contract, and notified the Plaintiff of the termination of the instant construction contract on June 17, 2014 on the ground that the Plaintiff did not resume the construction work.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, Gap evidence 4-1, 3.