1. The plaintiff's claim is dismissed.

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

1. The plaintiff's ground for claim

A. The Plaintiff was awarded a subcontract for A Extension Work (hereinafter “instant construction”) from the Defendant.

As the Plaintiff and the Defendant did not prepare specific design drawings at the time of entering into the instant subcontract agreement, so they first agreed to determine the construction cost of KRW 1,070,000 as the construction cost, and then to adjust the construction cost by mutual agreement, if the specific design drawings have come out later.

After the conclusion of the instant construction subcontract, the design drawings have been prepared, and the Plaintiff prepared a new construction specifications based on the design drawings embodied, and requested the Defendant to increase the construction amount in KRW 1,593,938,857.

However, the defendant asserted that the plaintiff's increase demand was excessive and unfair, and the plaintiff had no choice but to suspend the construction of this case until the agreement on the construction cost was reached with the defendant's approval.

However, while the plaintiff and the defendant agreed on the contract price and the contract price, they unilaterally notified the termination of the subcontract of this case, and they concluded a new subcontract with a third party.

B. There is no cause attributable to the Plaintiff regarding the termination of the instant subcontract.

Therefore, the notification of such termination by the defendant is invalid only when the plaintiff's refusal of performance or the right to terminate the contract is exercised on the ground of impossibility of performance.

However, this is effective as an exercise of the right of statutory rescission under Article 673 of the Civil Code that the contractor may compensate for damages and rescind the contract before the contractor completes the work.

Therefore, the defendant must compensate for the plaintiff's damages.

C. The Plaintiff’s damage: ① KRW 525,118,196 paid by the Plaintiff for the instant construction; ② Rent 6,301,350 for site temporary materials incurred during the period of suspension of construction; and KRW 300,000 for the temporary office of containers and containers.