1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 23, 2017, the Defendant: (a) determined the construction cost of KRW 1,056,600,000 for the construction cost; and (b) paid KRW 500 million for E on November 22, 2017 to E (hereinafter “E”); and (c) paid advance payment to E.

B. However, E failed to complete the construction of the instant building within the said construction period on April 10, 2018, and around September 10, 2018, E subcontracted the remainder of the construction cost of KRW 780,00,000 for the Plaintiff (one hundred million for the advance payment in April 13, 2018, KRW 50,000 for the first advance payment in April 13, 2018, KRW 100,000 for the second advance payment in the completion of the construction of the aggregate of April 4, 2018, KRW 100,000 for the second advance payment upon the completion of the construction of the aggregate, KRW 100,00 for the third advance payment in the time of the commencement of the construction, and KRW 30,000 for the third advance payment in each payment within seven days after the approval of the completion of the completion of the construction works). The Plaintiff agreed to obtain direct payment from the Defendant.

C. On April 19, 2018, the Defendant received a letter from the Plaintiff that the Plaintiff would waive the construction and withdraw the construction from the site without any condition when suspending the construction of the instant building for at least three days. On April 20, 2018, the Defendant paid KRW 100 million to the Plaintiff.

On May 15, 2018, the Defendant paid 50,000,000 won to the Plaintiff additionally, and the Defendant’s husband prepared a written confirmation to the Plaintiff stating that “The Defendant’s husband promised to transfer KRW 100,000 to the Plaintiff immediately before the 6th generation of the sixth floor.”

E. Around June 20, 2018, the Plaintiff cannot proceed with the construction project because the Defendant’s promise to pay for the completed portion of KRW 100 million to the Defendant on June 8, 2018 was not complied with.

After notification, the above construction was suspended.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. On April 15, 2018, the Defendant agreed to pay the Plaintiff the construction cost of KRW 100 million immediately before the 6th floor of the instant building, and the Plaintiff.