1. The plaintiff's claim of this case is dismissed.

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

1. Facts of recognition;

A. A. On May 2012, the Plaintiff entered into a contract to remove the building on the land of the Gwanak-gu Seoul Special Metropolitan City B large 93 square meters (hereinafter “the Plaintiff’s land”). Accordingly, from May 2012 to July 2012, the Daian Construction Co., Ltd. removed the Plaintiff’s land from May 2012 to July 2012.

B. On November 12, 2012, the Plaintiff and the Plaintiff concluded a construction contract with the Defendant, a construction company, to build a new building on the Plaintiff’s land (hereinafter “the instant first construction contract”) with the period from November 14 to April 14, 2013, setting the construction period of KRW 420 million ( separate application of value-added tax of KRW 50 million), the rate of liquidated damages, the rate of KRW 1/100, and the period of construction from November 14, 2012 to April 14, 2013.

In calculating the contract amount at the time of the instant first construction contract, the removal work was excluded from the pre-construction work, and the written estimate prepared by the Defendant was included in the cost of materials and labor costs, totaling KRW 9,442,00 for the entire construction work, including water supply facilities and transportation routes, and the cost of materials and labor costs, totaling KRW 9,168,850 for the temporary construction work, KRW 9,168,850 for the soil and sand, and KRW 1,674,00 for the designated construction work. The Defendant subscribed to insurance with the Green Damage Insurance Co., Ltd. within the limit of KRW 100 million for the liability for damages to a third party among the construction works under the instant first construction contract.

C. At the time of the instant construction contract, the Plaintiff and the Defendant entered into a special agreement as follows.

(1) In the event of an issue with respect to an existing pre-contractor or pre-contractor, the Plaintiff is fully responsible.

In addition, the damage suffered by the defendant is assessed against the plaintiff.

(2) When the construction period is extended by the Plaintiff, the Plaintiff shall pay the Defendant the statutory interest on the amount of loss for the extended period.

For example, land;