1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is an unincorporated association established for a project to create a 113-household village in the Gyeong-gun, North Gyeong-gun (hereinafter “instant project site”) with the 113-household unit D (hereinafter “instant project site”), and the E.S. Construction Co., Ltd. (hereinafter “S. Construction”) entered into a contract for construction works with the Defendant.

B. On August 30, 2013, E.S. (hereinafter “instant rehabilitation case”) filed an application for commencement of rehabilitation procedures with the competent court No. 2013hap83, Sept. 24, 2013 (hereinafter “instant rehabilitation case”). On March 7, 2014, A was appointed as a custodian after having obtained the rehabilitation plan approval, but the rehabilitation procedure was discontinued, and thereafter, on May 7, 2015, B was appointed as a bankruptcy trustee, and B was appointed as a bankruptcy trustee.

(hereinafter collectively referred to as "Plaintiffs"). (c)

On January 31, 2012, the Defendant concluded a construction contract with the Plaintiff for the construction cost of KRW 15.3 billion (excluding value-added tax) and for the construction period from January 31, 2012 to June 30, 2013, which requires the Plaintiff to create 111 households during the instant project (hereinafter “instant construction contract”).

On January 28, 2013, the Defendant concluded a contract under which the design of the instant construction contract was partially modified and added to kitchens, furnitures, and other internal construction works (hereinafter “instant change contract”) and the construction cost of the instant construction contract was changed to KRW 20.1924,00 (value added tax) (hereinafter “instant change contract”).

E. On May 10, 2013, the Defendant: (a) newly constructed two households in relation to the instant project; and (b) concluded a construction contract for landscaping construction (hereinafter “construction contract, such as the instant B25”) with the construction cost of KRW 496,424,00; and (c) the construction period from May 10, 2013 to August 31, 2013.

F. The Defendant paid the Plaintiff KRW 77 million as the construction price under the construction contract, such as the instant B25, etc.

G. The Plaintiff’s default occurs around August 2, 2013, and as above.