1. The plaintiff's claim is dismissed.

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

1. Basic facts (applicable for recognition: Facts without dispute, Gap's entries in evidence Nos. 1, 2, 3, 5, 9, 11, Eul's evidence Nos. 2, 5, and 6, and the purport of the whole pleadings);

A. On August 15, 2012, the Defendant (Appointed; hereinafter referred to as the “Defendant”) entered into a contract for a private construction project with the E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) by setting the construction period as the contract period for the construction of reinforced concrete among the instant original construction works (hereinafter referred to as “instant original construction works”) from August 15, 2012 to June 14, 2013; the contract amount of KRW 2 billion47,50,000 (excluding purchased value-added tax); and on August 20, 2012, the Plaintiff entered into a contract for the construction of reinforced concrete among the instant original construction works (hereinafter referred to as “instant construction works”) with the Nonparty Company for the construction period as the contract amount of value-added tax from August 20, 2012 to December 13, 2012; and on August 20, 2012, the Plaintiff entered into a subcontract agreement with the Nonparty Company for the construction project (hereinafter referred to as “instant construction works”).

B. On March 28, 2013, the Defendant entered into an interim settlement and joint construction agreement between the non-party company and limited the scope of the instant original construction to soil works and steel reinforced concrete works (hereinafter “the instant alteration work”). The construction cost is KRW 900 million (including purchase tax, value added tax), and the construction cost is KRW 900 million (excluding value added tax). At the time of completion of reinforced concrete construction works, the Defendant entered into an interim settlement and joint construction agreement between the non-party company and the Defendant

C. On March 28, 2013, the Plaintiff agreed on the instant construction project: The construction period: from August 20, 2012 to April 20, 2013; the contract amount: KRW 250 million (excluding value-added tax); the amount paid: KRW 128 million (excluding value-added tax); settlement amount: KRW 137 million (excluding value-added tax); KRW 137 million (excluding value-added tax); KRW 15 million (including additional construction increase or decrease expenses); the said matters are agreed on; the site work shall be performed in good faith from March 31, 2013; and the amount shall be paid KRW 20 million after the addition of the next story concrete.