1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. A contract between the Plaintiff and the Defendant on June 2012, 2012, the Plaintiff and the Defendant: (a) written construction contract between the Plaintiff and the Defendant stating that “The Plaintiff will receive a contract from the Defendant for construction cost of KRW 380,000,000 (including value-added tax) for the new construction of multi-household housing on the ground C-owned land in Seocho-gu, Youngyang-gu; (b) the rate of liquidated damages for delay per day from June 18, 2012 to October 31, 2012; and (c) the construction contract between the Plaintiff and the Defendant stating that “the Plaintiff will receive a contract from the Defendant for the new construction of multi-household housing on the ground C-owned land in Gyeyang-gu, Seoyang-gu, Yangyang-gu; and (d) the construction contract between June 18, 2012 to October 31, 2012.”

2) The Plaintiff and the Defendant determined that “The Plaintiff and the Defendant shall invest KRW 200 million each, and shall refer to joint projects by investing in 200 million each,” and that “the Plaintiff shall take charge of the purchase and implementation of land,” and “the profit share shall be 50:50” under paragraph (3).

3) On February 5, 2013, the instant construction project was completed, and the multi-household housing was approved for use on the same day. B) The Plaintiff filed a lawsuit against the Defendant claiming payment of unpaid construction cost by asserting that the Plaintiff had been awarded a contract for the instant construction project from the Defendant (this Court Decision 2014Gahap2616, 2014Gahap3480 (Counterclaim)). While the instant lawsuit was pending, the Defendant filed a counterclaim against the Plaintiff claiming payment of loans against the Plaintiff, the said part of the claim is irrelevant to the instant case, and thus excluded in its reasoning. The first instance court rendered a judgment that partially accepted the Plaintiff’s above claim on October 24, 2014. The Defendant appealed against the Defendant (Seoul High Court Decision 2014Na2048017 (Main Claim), 2014Na204804 (Counterclaim) and the appellate court set the counterclaim against the Plaintiff and the Defendant.