1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 9, 2016, the Defendant awarded a contract for the construction work of Hansung Construction Co., Ltd. (hereinafter referred to as “Dasung Construction”) for the construction work for the new city model housing (hereinafter referred to as “instant construction work”) prior to the relocation of the Gyeongbuk-do Office (hereinafter referred to as “Dasung Construction”) by setting the construction cost of KRW 786,225,00, and the construction period from June 10, 2016 to December 4, 2016.

B. From November 10, 2016, the Plaintiff was awarded a subcontract for tin work among the instant construction works (hereinafter “instant tin work”) by setting the construction cost of KRW 62,700,000 and the construction period from November 10, 2016 to December 4, 2016.

C. Around December 6, 2016, the Defendant entered into a direct payment agreement on the subcontract price that the Defendant shall directly pay to the Plaintiff the contract price that the Defendant shall pay to the Ilsung Construction.

From December 7, 2016, the Plaintiff commenced the instant tin work and continued it until December 26, 2016.

E. On December 27, 2016, the Ilsung Construction waived the instant construction project, and the Defendant rescinded the instant construction contract on December 28, 2016.

F. As of December 28, 2016, which was the date of cancellation of the instant construction contract, the Defendant confirmed that, as of January 6, 2017, the construction price remaining after deducting the amount of the construction price paid, the compensation for delay, and the deposit for defects was KRW 127,82,70.

G. Meanwhile, seizure and provisional seizure on the claim for construction price against the defendant of Ilsung Construction from before the plaintiff commenced the instant tin work to the time of its interruption are as follows.

- A - Out of the amount of claim claims classified on the date of creditor (date of delivery) - C/C 116,242,90 won A on September 23, 2016 and provisional attachment 30,580,000 won B B on December 19, 2016 and provisional attachment 14,300,000 won on December 19, 2016, the sum of KRW 181,420,90 [based on recognition] / C/C 181,420,90 won on December 20, 2016; and