1. All of the plaintiff's claims are dismissed.

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

1. Presumed factual basis

A. The Plaintiff is a person engaged in construction business, such as general building works, miscellaneous, board, windows, and steelworks, under the trade name of D.

B. On May 2, 2013, Selected C delegated the Defendant with respect to all acts incidental to the sale business and completion of construction of urban multi-household housing and studio on a land with a size of 369 square meters and a size of 428 square meters and a size of 428 square meters (hereinafter “instant construction”).

C. On August 10, 2013, the Defendant concluded a construction contract with the Plaintiff as a representative of the Selection C by setting the construction cost of KRW 1,716,00,000 and the construction period from August 10, 2013 to April 30, 2014.

The Plaintiff, while performing construction work, suspended the instant construction work around December 2013.

Since then, the defendant et al. completed the construction of this case by leaving the remaining parts to other construction business operators.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) In the event that the Defendant and the Appointor C (hereinafter the Defendant and the Appointor C together, the Plaintiff is “Defendant, etc.”

(2) According to the direction of the Plaintiff, the Plaintiff received a total of KRW 91,237,300 (i.e., KRW 79,200,000) from the Defendant, etc., for the construction site of this case, to remove existing buildings and perform construction works for temporary fences. (ii) The Plaintiff received KRW 91,237,300 (i.e., KRW 79,200,000).

3) Therefore, the Defendant, etc. is jointly and severally liable to pay the Plaintiff the amount of the construction cost of KRW 297,462,700 (i.e., the amount of the fixed construction cost of KRW 388,700,000) - the amount of the fixed construction cost of KRW 91,237,300) and damages for delay thereof. (ii) Determination 1) In the case of a contract for construction work where the contract is terminated in the middle of the construction work, unless there are special circumstances, the construction cost to be paid to the contractor according to the fixed construction cost shall be calculated by the method of multiplying the fixed construction cost by the fixed construction cost and the ratio thereof, and the fixed construction cost ratio has already been calculated.