1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 1, 2016, the Defendant awarded a contract to D (hereinafter “D”) for the construction of commercial buildings on the land outside C and three lots (hereinafter “instant construction of commercial buildings”).

B. On June 30, 2016, D subcontracted to the Plaintiff the steel frame construction of the instant commercial building (hereinafter “the instant steel frame construction”) at the cost of construction KRW 187 million (including value-added tax).

C. Since then D’s progress of the construction of the instant commercial building, on August 5, 2016, Defendant and D decided to terminate the contract agreement on the instant commercial building construction, and drafted a termination agreement with the following contents.

In relation to the instant commercial building construction project, even though it was in existence after the contract on May 1, 2016, the contract is terminated due to the difference between the parties, such as design change and additional construction, and the agreement is signed and sealed as follows.

1) No liability shall be imposed on the parts of the existing construction. 2) All matters of the construction cost shall be agreed upon as KRW 00,000,000 (including value-added tax) for the settlement amount of the construction cost, and both parties shall not be subject to civil or criminal liability.

After that, as of August 15, 2015, the contract for the steel framed construction in this case (hereinafter referred to as the “instant contract”) was drafted with the contractor and the Plaintiff as the beneficiary, and with the construction cost of KRW 170,000,000 (excluding value-added tax) as the contractor and the beneficiary.

The above contract is signed and sealed by E as the agent of the defendant, who is the contractor, and the seal of the defendant company is affixed next to the signature of F, which is the representative of the defendant.

The above contract shall contain the following contents as the special agreement:

1. The contractor will accept the fact that D who has waived the construction work of this case and this case is entering into a contract for steel framed construction with the beneficiary.

2. The contractor, as the said D renounces out of the new construction work on August 10, 2016, is proceeding directly after August 11, 2016.