1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 11, 2013, the Plaintiff entered into a contract for construction works with the 1570 unit of the Army under the Defendant’s control (hereinafter “Defendant unit”) with the contract amount of KRW 789,293,00 (hereinafter “instant construction works”) for the construction works in the military life zone in the military unit (hereinafter “instant construction works”) and the construction period from June 11, 2013 to May 30, 2014 (hereinafter “instant contract”).

On February 11, 2014, the Plaintiff entered into a revised contract with the Defendant unit to convert the total amount of KRW 789,293,000, the contract amount into this budget on the grounds of budget change.

(hereinafter “instant modified contract”). B.

On June 11, 2013, the Plaintiff entered into a contract for performance guarantee with the Construction Mutual Aid Association and the guaranteed amount of KRW 118,393,950, and the guarantee period from June 11, 2013 to May 30, 2014, and issued it to the Defendant unit with the above contract guarantee certificate issued.

C. On March 3, 2014, the Plaintiff submitted to the Defendant a written waiver of construction work stating that “I waive the construction work according to our circumstances and will not thereafter raise a civil or criminal objection against the instant construction work. In addition, I waive all the legal rights to the instant construction work.”

Accordingly, on March 5, 2014, the Defendant unit notified the Plaintiff of the termination of the instant contract, and on the same day, notified the Construction Mutual Aid Association of the termination of the contract upon the Plaintiff’s submission of a written waiver of contract, and filed a claim for payment of the contract bond under the relevant statutes, such as State Contracts Act

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 2, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion ① did not receive a proper design drawing from the Defendant unit, and the Plaintiff could not proceed with the instant construction work, and it should have reached February 13, 2014.