1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 24, 2013, A Co., Ltd. (hereinafter referred to as “A”) entered into a construction contract with the Defendant for the construction cost of KRW 13,500,000,00 and the construction period of KRW 13,50,000 from June 25, 2013 to June 24, 2015.

B. On February 2015, 2015, the suspension of construction and the commencement rate A had discontinued the construction of the instant construction. At the time, the progress rate of construction of the instant construction was 79.49%.

C. (1) On March 4, 2015, around March 12, 2015, around March 12, 2015, and around March 13, 2015, the Defendant notified A of the resumption of the instant construction project on three occasions, but the instant construction project was not resumed. (2) The Defendant notified A of the termination of the instant construction contract on March 18, 2015, and the said notification reached around March 19, 2015.

Before the termination of the contract for the instant construction work, the Defendant paid A the construction cost of KRW 9,945,900,000 (pre-payment of KRW 1,350,000,000, KRW 8,595,90,000, KRW 1,350,000, KRW 95,900,00, and value-added tax)

E. On February 27, 2015, A filed an application for commencing rehabilitation proceedings with the Seoul Central District Court. On March 20, 2015, A was decided to commence rehabilitation proceedings with the said court.

F. On April 7, 2015, the Defendant concluded a contract for an additional construction project with Korea-Japan Development Co., Ltd. (hereinafter “Korea-Japan Development”), setting the construction cost for the remainder of the instant construction project at KRW 3,125,000,000.

G. The Defendant requested a direct payment of the subcontract price and the payment Defendant received a direct payment of the subcontract price of KRW 2,779,125,678 in total from A’s subcontractor related to the instant project, and directly paid the subcontract price of KRW 1,017,746,40 in total as follows:

On July 14, 2015, 2017, 1, 2015, 1,300,000,000 of the subcontract work payment date.