2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On September 10, 2016, the Plaintiff was awarded a contract with the Defendant for steel product construction among the instant construction works (hereinafter “instant construction works”) at KRW 14.2 million.

B. During the process of the instant construction project, the Defendant demanded the change of the design and the Plaintiff submitted a written estimate for the change of KRW 29.7 million, but the Defendant demanded the completion of the construction project for KRW 14.2 million, the original construction amount.

C. When executing the instant construction at the Defendant’s request, the Plaintiff is bound to regard the enemy, and the Plaintiff renounced the instant construction and requested the Defendant to accept the materials that had been brought into the site, and the Defendant accepted the request and sent KRW 6,978,000 to the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff 6,978,00 won and damages for delay in accordance with the above material acquisition agreement.

2. Determination

A. According to the statements in Gap evidence Nos. 3 through 6 and each video of Gap evidence Nos. 7 through 10, the following facts are acknowledged: ① the plaintiff and the defendant prepared a written claim for construction contract of KRW 14.2 million with respect to the instant construction work on October 24, 2016; ② the plaintiff prepared a written estimate of KRW 1,4.2 million with respect to the construction work amount on October 23, 2016; ② the written estimate of the change of construction amount of KRW 29.7 million with respect to the construction amount on October 28, 2016; the fact that some differences exist between the pre-issuance of the change and the seat allocation degree after the change; and the plaintiff prepared a written claim for KRW 6,978,000 with respect to the defendant on November 5, 2016.

However, the above facts alone are insufficient to recognize that the Plaintiff and the Defendant agreed to accept materials brought into the site by the Plaintiff while cancelling the instant construction contract, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit without further examination.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the first instance is unfair on the contrary of this conclusion, and the plaintiff's claim is dismissed.