1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 18, 2013, the Defendant concluded a contract for the construction of a 2nd underground and the 1st ground-based factory in Busan Northern-gu C and D (hereinafter “instant factory”) and the construction of the 2nd underground and the 1st ground-based factory in Seosan-gu Co., Ltd. (hereinafter “ Seosan-si”).

B. At the time of the construction of the 1st and the 2nd underground structures, the construction of the 1st underground structures was suspended due to financial standing around October 2013. On October 28, 2013, the Plaintiff and the 2nd Seosan Construction was directly carried out by the Plaintiff on October 28, 2013, and the 1st and the 2nd underground structures were under the agreement to supervise and supervise the construction site and undergo the completion inspection.

C. On December 23, 2013, the Plaintiff entered into a contract for the construction of the instant plant under the name of E with the Defendant for the construction work of the instant plant, including the remaining construction work, with the additional tax of KRW 510 million, and the construction period of March 30, 2014. At the same time, the Plaintiff and the Defendant jointly and severally guaranteed the obligations under the said contract for the construction work (hereinafter referred to as the “first contract”).

When entering the construction site for steel materials, the full amount of rental deposit and remainder after completion shall be limited to KRW 30 million, KRW 20 million when entering the construction site for the original panel materials, KRW 30 million at the rate of 70% or more, KRW 30 million at the time of the conclusion of the factory lease contract, and KRW 100 million at the time of the conclusion of the factory lease contract.

D. On February 28, 2014, the Defendant and the Plaintiff concluded a construction contract again by amending the partial terms and conditions of the contract, including extending the scale of the instant plant to the second floor above ground, changing the completion date of the construction work to April 30, 2014, and increasing the construction cost to KRW 700 million by adding tax, etc. (hereinafter “instant construction contract”).

E. Around May 2014, the Plaintiff discontinued the construction work, and the Defendant directly proceeded with the instant construction work from May 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant asserted as the cause of the claim are within the scope of the primary contract at the time of entering into the instant construction contract.