1. The plaintiff's claim is dismissed.

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

Facts of recognition

The Plaintiff’s subcontract for the instant construction project was contracted from the Korea Electric Power Corporation to KRW 1,336,333,708 for the construction works to be installed in the 345 KV Mine N/P Han L/P L market. On March 28, 2013, the Defendant awarded a subcontract for the construction works to the Plaintiff for the construction works to KRW 1,111,55,000 for the said construction works, and for the construction period from March 28, 2013 to September 30, 2013.

The Plaintiff’s discontinuance of construction of the instant case and the Plaintiff had been engaged in the instant construction since January 2014, and suspended the instant construction work around April 30, 2014.

As of April 30, 2014, the flag height of the instant construction was 18.5%, and the Plaintiff’s flag cost was 205,635,814 won.

Until the discontinuance of the instant construction work, the Defendant paid the total of KRW 195,000,000 as the construction cost in the manner of directly paying the wage and equipment expenses to the workers.

After the construction of this case was interrupted, the Defendant did not reach an agreement on the resumption of construction between the Plaintiff and the assignment order of the Plaintiff’s claim and the termination of the Defendant’s contract.

Accordingly, from May 7, 2014, the Defendant started the instant construction work by directly paying work costs and equipment usage fees to workers from May 7, 2014.

As above, while the defendant was doing construction work directly by the defendant, A, a creditor of the plaintiff, shall be KRW 30,175,140 as the claim amount, and KRW 21,175,140 as the claim amount, and KRW 82,175,140 as the claim amount, and KRW 40,175,140 as the claim amount, and KRW 40,175,140 as the claim amount, and KRW 100,175,140 as the claim amount, E shall be subject to the order of seizure and assignment of the claim against the plaintiff and the third debtor as the defendant, and the above decision was served on the defendant around June 2013.

Since then, the defendant requested the plaintiff to resolve the problem of seizure of claims, etc. and to proceed with the construction, but the above problem is not resolved and the construction work is not conducted.