1. The plaintiff's claim for the payment of 424,199,224 won and damages for delay shall be dismissed;

2. The defendant.

(2) On April 17, 2015, the Plaintiff entered into a contract for the construction of the instant construction project with the Defendant and the Busan District captain-gun C (hereinafter “instant construction project”).

The main contents of the instant contract are as follows.

Standard contract for private construction works

1. Name of the construction project: New C;

2. The construction site: The Busan Metropolitan City captain-gun C.

3. Date of commencement: Scheduled date of completion on May 4, 2015: July 31, 2015: The contract amount: KRW 1,059,794,000,000 (including value-added tax and purchase tax) per day.

8. The amount of the completed portion: The amount of the warranty liability on 10.10.m. (cash payment): The 11.1% of the contract amount * the number of delayed days * the 0.1% of the contract amount on 13.m. based on the legal warranty period of each type of construction work: The contractor for the work on April 17, 2015: the Plaintiff completed the instant construction work around October 28, 2015, and the Defendant paid the Plaintiff KRW 785,594,76 as the contract amount around that time.

Around June 2015, the Plaintiff lent KRW 280,000 to the Defendant, and the Defendant repaid KRW 130,000,000 to the Plaintiff around July 21, 2015.

On October 11, 2016, the Plaintiff’s succeeding intervenor filed a payment order seeking payment of KRW 398,00,000 with the Ulsan District Court 2016 tea8290 against the Plaintiff, and the said payment order was finalized on October 19, 2016.

On October 24, 2016, the Plaintiff’s succeeding intervenor filed an application for the attachment and collection order of the Plaintiff’s claim against the Defendant with the Ulsan District Court 2016TTTT10447 on October 24, 2016. On October 26, 2016, the said court determined on October 26, 2016 that the Defendant and the third obligor were the Defendant and the third obligor, the claim amount of KRW 403,81 (i.e., principal amount of KRW 398,00,000, KRW 5,790,081, KRW 25,800), and the obligor (Plaintiff) becomes final and conclusive in the instant lawsuit against the third obligor (the Defendant).