1. All of the plaintiff's claims are dismissed.

2. The costs of litigation are assessed against the Plaintiff.

1. Basic facts

A. On June 25, 2013, the construction of secondary industry (hereinafter referred to as “subsidiary industry”) that entered into a construction contract with the Defendant, the ordering person, determined and contracted three new construction works, including the contract amounting to 942,614,810 won, and the contract period from June 25, 2013 to April 25, 2014, by the Defendant, who entered into a contract for construction works.

(hereinafter referred to as the “instant contract”). On April 25, 2014, the subsidiary industry and the Defendant changed the said contract amount to KRW 722,614,810, and the contract period to July 26, 2014.

B. On June 26, 2013, an advance payment contract and an advance payment incidental industry were issued for KRW 59,830,000 from the comprehensive construction mutual aid program, and each advance payment guarantee was issued for KRW 440,170,00 on June 28, 2013. Around that time, the Seoul surety issued the advance payment guarantee for KRW 159,830,000 from the Defendant’s respective advance payment guarantee for KRW 159,830,00 from the Seoul surety, and received the advance payment from the Defendant on June 28, 2013.

C. On February 25, 2014, the Plaintiff entered into a subcontract with the secondary industry, which is the principal contractor, and entered into a subcontract with the term of 104,500,000 won in the contract amount and the construction hours from February 25, 2014 to June 30, 2014. From March 25, 2014, the Plaintiff was awarded a subcontract with the term of 55,330,000 won in the contract amount of a restaurant or construction works and miscellaneous works among the said new construction works, as the contract amount of 5,330,00 won in the said new construction works, and from March 25, 2014 to July 26, 2014 in the construction period (hereinafter each of the above contracts is collectively concluded).

2) As stipulated in the instant contract, the waterway construction was limited to KRW 18,075,968 of the contract amount, and Sawna Corporation was not included in the scope of construction of the instant contract, and the instant subcontract exceeded the scope of construction stipulated in the instant contract.

The subsidiary industry, which is the principal contractor, shall be notified of the subcontracting contract and to submit a written statement of non-performance, around February 25, 2014; and

3.25.Wronon.