1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Defendant entered into a subcontract and sub-subcontract 1) (i) the contracting party’s construction period with respect to the instant construction work from September 1, 2013 to June 30, 2015 (hereinafter “the instant construction work”). On August 16, 2013, the Defendant subcontracted the instant construction work (hereinafter “the instant contract number TR-S-C-019I; hereinafter “original subcontract”) to Dae Young-M Co., Ltd. (hereinafter “the instant construction work”). The Plaintiff entered into a subcontract for the construction work (hereinafter “resubcontract”) with the Nonparty Company from September 1, 2013 to June 30, 2015.

3) While the Plaintiff had performed the instant construction in accordance with the sub-subcontract, the non-party company renounced the instant construction work on or around December 13, 2013 on the ground of an application for commencing rehabilitation procedures, etc. Around December 13, 2013, the Plaintiff and the Defendant succeeded to the status of the non-party company under the original subcontract, and agreed to pay the construction cost pursuant to the original subcontract directly to the Plaintiff instead of concluding a separate subcontract between the Plaintiff and the Defendant. (B) The instant construction work was originally conducted by the non-party company in accordance with the original subcontract (including installation at the short, middle, and upper level after completion of the work), but the volume of the construction work increased (hereinafter referred to as “additional construction work”).

2) Accordingly, the Plaintiff and the Defendant entered into a subcontract (a contract number TOR-SCR-C-028I; hereinafter “additional subcontract”) with respect to the instant construction project on October 31, 2015, reflecting changes in the new construction quantity, unit price, etc. on April 16, 2015, based on which the deadline for completion was determined as of October 31, 2015.