1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant was awarded a contract for E Corporation and C Corporation.

B. On December 4, 2015, the Defendant entered into a subcontract with the effect that the Plaintiff and E construction during the construction period is treated as KRW 5,148,00,000 (hereinafter “instant primary construction contract”) during the construction period from December 4, 2015 to May 31, 2016 (hereinafter “instant primary construction contract”).

C. On September 28, 2016, the Defendant entered into a subcontract with the Plaintiff and C during the construction period to pay sewage to KRW 10,203,160,000 (hereinafter “instant secondary construction contract”). From September 28, 2016 to July 31, 2017, the Defendant concluded the instant secondary construction contract.

Of the instant construction contracts, the parts related to the instant case are as follows.

[The first construction contract of this case] Article 14-2 (Change of Contract Amount due to Social Change) (1) The defendant must adjust the contract amount in case of increase or decrease in construction volume at the request of the ordering person or his modification of design, etc.

(5) When the volume of construction works increases or decreases according to the direction of the defendant, the defendant and the plaintiff shall determine the price for the increased or decreased volume of construction works before performing construction works.

However, if it is impossible to determine the price in urgent circumstances or in advance, the defendant and the plaintiff shall immediately determine the price after the completion of construction by mutual agreement.

[The second construction contract of this case] Article 38 (Cancellation and Termination of Contract) (1) The defendant or the plaintiff may cancel or terminate all or part of this contract in writing where any of the following causes occurs:

3. In a case where the defendant or the plaintiff is deemed unable to perform this contract due to serious business causes, such as the default on payment of bills and checks, compulsory execution (including provisional seizure and provisional disposition) by a third party, and application for bankruptcy and rehabilitation procedures.