1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 20, 2016, the Defendant entered into a contract with the Plaintiff to enter into the construction period of the remodeling project of the “Cirel” located in Gangseo-si B (hereinafter “instant construction project”) from April 21, 2016 to July 12, 2016; the contract amount of the construction amount of KRW 1,480,000,000 (including value-added tax).

(hereinafter referred to as the “instant contract”). (b)

On April 20, 2016, the Defendant paid to the Plaintiff KRW 148,50,000 as down payment, and KRW 297,00,000 as the first intermediate payment on May 2, 2016, and KRW 297,00,00 as the second intermediate payment on May 20, 2016.

C. On June 7, 2016, the Plaintiff demanded the Defendant to pay KRW 297,00,000 for the third intermediate payment, but the Defendant did not pay it. On June 13, 2016, the Plaintiff notified the Defendant of his/her refusal to pay KRW 297,00,000 to the Defendant for the payment of KRW 297,00,000,000, and notified the Defendant of his/her refusal to temporarily suspend the whole or part of the construction, and the Defendant refused to pay the progress payment on the ground that the progress rate of the construction in this case does not significantly fall

On July 6, 2016, the Defendant notified the Plaintiff of the termination of the instant contract on the ground that the instant construction work’s fairness rate significantly falls short of the agreement under the instant contract agreement, and demanded the Plaintiff to deliver steel at the construction site. The Plaintiff ceased the instant construction at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including the number of each branch; hereinafter the same shall apply)

2. Determination as to the cause of action

A. At the time of entering into the instant contract with the Defendant, the Plaintiff agreed to perform the instant construction work in accordance with the drawing designed by the Plaintiff, and the construction work of the instant case was performed in accordance with the interior drawings (Evidence A6) and construction specifications (Evidence A3) designed by the Plaintiff. The Defendant also agreed to perform the said interior drawings.