1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 16, 2012, between C and C, the Defendant entered into a construction contract (hereinafter “instant contract”) with respect to the construction work of constructing a building on the land surface outside of Dobong-gu Seoul Metropolitan Government and two parcels (hereinafter “instant construction work”). On October 18, 2012, the Defendant entered into an additional construction contract with the construction cost of KRW 90 million (excluding value-added tax).

B. On June 7, 2012, the Defendant entered into a subcontract with Thai Power Co., Ltd., which set forth the construction cost of KRW 32 million for electricity, telecommunication, and fire fighting works among the instant construction works, and on January 1, 2013, the Defendant entered into a subcontract which set the construction cost of KRW 24.1 million for interior interior interior interior interior interior interior decoration electrical construction works among the instant construction works. On June 2, 2012, the Defendant entered into a subcontract with the E Company, which set the construction cost of KRW 47 million for mechanical installation works among the instant construction works (excluding value-added tax).

C. On July 16, 2013, the Defendant: (a) drafted a memorandum of waiver that the Defendant renounced the rights and obligations of the instant construction because no longer progress, such as the additional construction of the instant construction and the failure to faithfully perform the remaining construction; (b) etc.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1, 5 through 9, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s primary assertion 1) On June 4, 2012, the Plaintiff and the Defendant agreed to the subcontract agreement concluded between the Defendant on June 4, 2012 with the cost of construction as to the entire construction of the instant construction (excluding value-added tax) and the construction period from May 16, 2012 to December 12, 2012 (hereinafter “instant subcontract agreement”).

A) A contract is concluded on November 2, 2012; thereafter, the construction cost of which is KRW 1,09,000,000 (hereinafter referred to as “instant subcontract modification contract”) is changed to KRW 1,000,000.

AB concluded the agreement.

The Plaintiff completed the instant construction work on or around January 9, 2013 through the subcontractor, and the Defendant is out of the total construction cost of KRW 1,090,000,000.