1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff, as a person operating a “B” company under a subcontract with the hull assembly, payloadry, etc., and served as a management director and an on-site agent of the Co., Ltd. (hereinafter “C”) from October 1, 2010 to September 15, 2012.

The defendant is a company that manufactures and supplies hull block, shipbuilding equipment, etc. requested by the ordering unit, such as Samsung Heavy Industries and Hyundai Heavy Industries.

On October 1, 2010 and April 1, 2011, the Defendant entered into a contract between the Defendant and C to give C a contract for the assembly work of shipbuilding block (MEG BLCK) to C.

(hereinafter referred to as “the instant subcontract agreement” and “the said construction work” were the instant construction work. C, from October 2010, requested the Defendant to cancel the contract on the ground that the said shipbuilding block assembly work was contracted and performed, and around August 2012, the said contract aggravated financial conditions, etc.

C and the Defendant terminated the instant subcontract agreement on September 15, 2012, and settled the construction price to be paid by the Defendant to C as KRW 160,909,201 on September 15, 2012 on the basis of the expiration value at the time of cancellation.

On September 16, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant, and the Plaintiff entered into a basic contract for construction subcontracting for shipbuilding block (MEPE) with the same content as the instant subcontract.

(hereinafter “instant First Contract”). In addition, on April 1, 2013, the Plaintiff entered into a contract with the Defendant for work cost of KRW 1.8 billion (excluding value-added tax) and the construction period from April 1, 2013 to August 31, 2013 regarding Offshore Flore Docking Works.

(2) On July 17, 2013, the Defendant, on July 17, 2013, entered into the instant contract with the Plaintiff (hereinafter “instant contract”). On July 17, 2013, the construction of the instant contract is no longer effective due to the decline in external credibility due to the Plaintiff’s failure to pay national taxes, the repetitive delayed payment of wages, and the failure to pay all expenses (consumable, food, equipment, etc.).