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 concluded a contract for construction works with the Korea Highway Corporation, the ordering person, by organizing a joint supply and demand company with Non-Party 12 Construction Co., Ltd. and entering into a contract with Non-Party 12 Construction Co., Ltd. (hereinafter “Non-Party 12 Co., Ltd.”) to receive a contract for construction works with Non-Party 2 Co., Ltd. (hereinafter “Non-Party 12”) on October 8, 2012, the Plaintiff entered into a contract with Non-Party 12 Co., Ltd. (hereinafter “Non-Party 12 Co., Ltd.”). The contract between the Plaintiff and Non-Party 2,532,138,200 (including Value-Added Tax) on the contract price of land and reinforced concrete construction works among the aforementioned “Non-Party 12 Construction Co., Ltd. and the construction period, from October 8, 2012 to December 31, 2015.

(3) On April 23, 2014, the Plaintiff entered into an amendment agreement to increase the contract amount of the instant subcontract to KRW 22,807,138,200 (including value-added tax) with IM Construction on April 23, 2014.

Article 22 (Advance Payment) (1) The plaintiff shall pay advance payment to IMD as stipulated in the contract.

(2) When the plaintiff received advance payment from the project owner, he/she shall pay advance payment to IM construction in accordance with the terms and conditions and ratio of the advance payment he/she received within 15 days from the date of receipt of such advance payment, as stipulated in the contract.

(3) When IMD intends to receive advance payment, the certificate falling under any of the subparagraphs of Article 23 (1) shall be submitted to the Plaintiff.

(4) Advance payments shall not be used for any purpose other than the original purpose of a contract, and shall be used preferentially for paying wages and securing materials.

(5) An advance payment shall be settled by the following formula whenever the price for a completed portion is paid:

The settled amount of advance = The amount of advance payment 】 (the amount shall be’’’’’’).