1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 22, 2010, the Plaintiff was awarded a contract for the construction of an “construction of an original mountain corridor” from the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, the Plaintiff: (a) set the contract amount of 1,159,400,000 won during the construction period; (b) the period of construction from October 25, 2010 to March 25, 2012; (c) the subcontract was made (hereinafter “the subcontract in this case”); (d) the contract amount of the construction of an original mountain corridor was changed to the period of 1,237,50,000,000 won; and (e) the subcontract contract amount of the instant construction contract was changed to the period of construction until May 11, 2012).

(1) The principal contractor and the subcontractor shall mutually guarantee the execution of contracts and the payment of construction costs by means of the following methods:

(2) The guarantee between the principal contractor and the subcontractor under paragraph (1) shall be made by means of the payment in cash or the delivery of the written guarantee under any of the following subparagraphs:

(5) Where the principal contractor cancels or terminates the whole or part of the contract under Article 25 (1) due to the subcontractor's failure to perform the contractual duties, the principal contractor may claim a payment of the amount equivalent to the losses incurred by the cancellation or termination of the contract for the security deposit under paragraph (2) 1;

(1) Where a principal contractor or subcontractor falls under any of the following subparagraphs, he/she or the subcontractor shall demand in writing that the contract be performed within the specified period, and if the contract is not performed within the specified period, he/she shall do so: