1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 10, 2015, the Plaintiff (contractor) entered into a contract for new construction works B (hereinafter “instant construction contract”) with the Defendant (contractor) for the construction amount of KRW 260,236,80, and the construction period from June 17, 2015 to December 16, 2015.

B. The instant construction contract stipulates that the general conditions of the construction contract are part of the instant construction contract, and the main contents of the general conditions of the construction contract are as follows.

1) Where construction is not completed by the deadline for completion or it is deemed impossible to complete due to a cause attributable to the other party to the contract, the contracting officer shall give a peremptory notice for correction and may cancel or terminate all or part of the contract when the contract is not corrected even after the peremptory notice (Article 51(1)2)). The on-site supervisor may suspend the implementation of all or part of the construction “where the ordering person instructs it by other needs of the ordering person.”

(Article 54 (1) 4. 3) The other party to the contract may cancel or terminate the contract in question "in the event that the period of suspension of construction under Article 54 exceeds 50/100 of the air" (Article 53 (1) 2). (4) If the period of suspension of construction due to any reason attributable to the ordering person, exceeds 60 days, the ordering person shall pay to the other party to the contract an amount calculated by multiplying the remaining contract amount as of the date on which the period of suspension of construction exceeds 60 days by the average interest rate of the financial institutions at the time of delayed payment per day of the number of days in excess of the remaining contract amount as of the date on which

(Article 54, Section 4). (c)

On June 17, 2015, the Plaintiff commenced the instant construction work.

On June 25, 2015, the Defendant notified the Plaintiff of the fact that the instant construction was suspended on June 25, 2015 on the ground that the payment period for materials in the field of machinery, which is the grounds of the Defendant’s fault, was delayed, and the time when the Defendant completed the material contract and the selection of the construction company.