1. The plaintiff's claim is dismissed.

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

Facts of recognition

A. The Gangseo-gu Busan District Office ordered a B project to enter into a contract with Hana corporation, and entered into a subcontract with the Defendant, a stock company, as well as the said construction company, with the amount of KRW 58,540 cubic meters for dredging and transport soil, the contract amount of KRW 720,00,000 (excluding value-added tax) for the said construction period from August 25, 2016 to October 22, 2016.

B. On August 2, 2016, the Plaintiff entered into an agreement with the Defendant to participate in dredging and transport soil during the construction project as follows:

(hereinafter “instant construction contract”). 1. General matters

(a) Original contract name: B project;

(b) Title of subcontracted project: B project; and

(c) The name of construction project involved: Dredging and soil transport.

(d) Place of construction: C won; and

(e) Period of construction: Commencement on August 1, 2016, and completion on September 31, 2016: Contract amount: KRW 700,000,000 (excluding value-added tax);

(g) Details of construction works:

2. Special matters;

(h)The cost of material used for equipment costs and equipment (land, maritime oil and miscellaneous material) shall be borne only by the Defendant within the amount of progress payment and shall be deducted from the amount of the Plaintiff’s completed portion;

(l)Other costs not specified in the agreement, such as accommodation and food, shall be borne by the plaintiff.

C. On October 13, 2016, the Defendant entered into a settlement subcontract with Hanra Co., Ltd. and the said subcontract, which extended the construction period to November 30, 2016 by adding 39 days to 39 days, and increased the quantity of dredging and transport earth and sand by 65,821 cubic meters and increased to 65,821 cubic meters, and entered into a contract to increase the contract amount to 830,000,000 won (excluding value-added tax).

On October 30, 2016, the Plaintiff completed the instant construction work.

[Ground of recognition] The Plaintiff’s assertion of the facts without dispute, Gap’s evidence Nos. 1, 7, and Eul evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), and the purport of the entire pleadings by the Plaintiff was not completed the construction until September 31, 2016, which is scheduled completion date, due to the following reasons: (a) the construction of the instant case was commenced but the Defendant was not secured, quantity increase, weather deterioration, etc.; (b) the Plaintiff did not complete the construction by August 1, 2016.

2.2.3