The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On June 2017, the Plaintiff and the joint supply and demand company (hereinafter “B”) constituted a joint supply and demand company (B’s share 51%, and Plaintiff’s share 49%) and entered into a contract with the Incheon Regional Government Procurement Service (hereinafter “instant contract”) under which the Defendant ordered the C Corporation (hereinafter “instant construction”) to the contract amounting to KRW 9,123,627,000, July 10, 2017; the date of commencement; the date of completion; October 22, 2018; and the date of completion; and 0.05% of the penalty for delay (hereinafter “instant contract”).

B. On August 14, 2017, the Plaintiff and B entered into a contract with D Co., Ltd. (hereinafter “D”) to subcontract price of KRW 1,320,000,000 on the instant subcontract with D for earth and sand facilities construction (hereinafter “instant subcontract”).

C. B withdrawn from the joint supply and demand organization of the instant contract on April 13, 2018. Accordingly, the Plaintiff entered into a contract with the Incheon Regional Government Procurement Service on April 17, 2018 to independently supply and demand the instant construction.

On the other hand, from the end of November 2017, D had not paid the subcontract price and material cost to the sub-subcontracts in relation to the instant subcontracted project. Accordingly, it was decided that sub-subcontracts are entitled to claim the unpaid payment against D and provisional attachment of D’s claim for the construction cost against the Defendant, and the subcontracted project was suspended, etc., causing trouble in the progress of the instant subcontracted project.

E. On January 16, 2018, the Plaintiff sent a letter to D, stating that “The instant subcontract is terminated, without any reply to the future work plan, even if there was enormous disruptions in the progress of the construction due to the failure to pay materials related to the instant subcontracted construction works,” by content-certified mail.

F. The re-subcontracts and workers of D have continuously filed a civil petition with the Defendant regarding the failure to receive the construction cost, etc. from D, and the Plaintiff from April 2018.