1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 14, 2012, the Defendant contracted the building owner B with the building owner for the construction of the Incheon Bupyeong-gu Office Officetel and the urban residential housing (hereinafter “instant building”) (hereinafter “instant construction”). around September 2012, the Defendant subcontracted the construction of soil works, base excavation and household facilities among the instant construction works to the Sungwon-gu Ltd. (hereinafter “D”), and around December 14, 2012, subcontracted the construction of the instant construction to D (hereinafter “instant aggregate construction”) with the construction period from September 28, 2012 to February 29, 2013, the construction cost was 342,90,000,000 (including value-added tax, value-added tax, and safety management) and the subcontractor’s joint and several surety at the time of the instant construction.

B. D around May 20, 2013, among the instant buildings, suspended the structural construction of the fifth floor, and the Defendant sent to D and E a content-certified mail to the effect that the contract for the instant structural construction would be rescinded on May 28, 2013, and on the same day, E and F are responsible for completing the construction of reinforced concrete as a joint and several surety for E and F, thereby sending a content-certified mail to the effect that “E and F are responsible for completing the construction as a joint and several surety for D, so the said content-certified mail reached each other at that time.”

C. After D’s suspension of the instant framework construction, the Plaintiff implemented and completed construction around August 2013 after D’s suspension of the instant framework construction (hereinafter “Bridge”). The part of D’s construction is 36.2% of the instant framework construction.

Meanwhile, the Defendant paid F KRW 72,00,000 to F in terms of the labor cost for the remainder of the structural construction works, and the Plaintiff received KRW 72,00,000 from F, and the Defendant was paid KRW 87,427,480 in total, including ready-mixed and steel bars, among the construction cost for the remainder of the structural construction works.