1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 3, 2011, the Plaintiff, who is engaged in landscaping business, entered into a contract with the Defendant for the landscaping project of “D” (hereinafter “instant landscaping project”) by setting the construction cost of KRW 100 million and the construction period up to August 31, 201 with respect to the construction work of “D” (hereinafter “instant contract”).

B. As the instant landscaping construction project was not completed by August 31, 201, the Plaintiff and the Defendant concluded an additional contract with the effect that the construction period of the instant contract is extended by September 19, 201 and the construction cost is additionally subsidized only to the portion of the cost of construction. (hereinafter “instant additional contract”) around September 9, 2011.

C. Around September 15, 2011, the Defendant: (a) contracted the instant landscaping construction project to another landscaping company; and (b) around that time, the Plaintiff’s construction was suspended.

On April 2012, the Defendant filed a complaint against the Plaintiff in the form of fraud, etc., asserting that, even though the Plaintiff did not have any intent or ability to perform the landscaping construction work in this case, the Plaintiff had taken the construction cost by deceiving the Defendant and did not perform most obligations under the instant contract and additional contract.

E. The Plaintiff was indicted on the charge that “Notwithstanding the absence of the intent or ability to normally perform construction works within a given period even if the Plaintiff received the construction payment from the Defendant, the Plaintiff concluded the instant contract and made a false statement to the Defendant that the construction would be completed by August 31, 201 at the face of the construction amount by August 31, 2011. It was given a verdict of not guilty on November 11, 2013.”

(Seoul District Court 2013Ma308). A prosecutor appealed against the above judgment, but on June 11, 2014, the judgment of dismissal of an appeal ( Daejeon District Court 2013No2951), which became final and conclusive on June 19, 2014.

(hereinafter referred to as "relevant criminal case"). 【No. 2, No. 2, and No. 2.