1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 10, 2015, the Defendant concluded a subcontract to accept the instant construction (hereinafter “instant contract”) with respect to reinforced concrete construction among the new construction works ordered by the Plaintiff from the Plaintiff among the new construction works ordered by the Plaintiff A (hereinafter “instant construction works”), setting the contract amount of KRW 822,250,000, and the construction period from September 15, 2015 to April 15, 2016. At the time of the instant contract, the Plaintiff and the Defendant agreed to additionally settle the unit price of KRW 50,000 per square year when the volume increases due to the alteration of design.

(See paragraph 14 of the special agreement). (b)

On April 15, 2016, while the Defendant was performing the instant construction project under the instant contract, concluded a compromise between the Plaintiff and the Plaintiff to suspend the instant construction project and settle the construction cost.

C. Meanwhile, around that time, the Plaintiff received a direct delegation from the Defendant to pay C, etc. totaling KRW 130,790,000 under the pretext of labor cost, etc.

[Ground for Recognition: Facts without dispute; entries in Gap 2 through 5 (including each number in the case where there are several numbers); witness D’s partial testimony (excluding the part not trusted in the front) and the purport of the entire pleadings]

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion was directly paid KRW 130,790,00,000 for labor cost according to the agreement with the Defendant. The Plaintiff calculated the construction cost for the Defendant’s construction work. As such, the amount of KRW 691,716,50 for the materials, such as steel bars, ready-mixeds, and short heat, paid by the Plaintiff is KRW 372,00,000. The amount of the price for the materials paid by the Plaintiff exceeds KRW 319,62,626,50. Upon deducting the price for the above materials, the payment for the completed portion is KRW 319,716,506 (= KRW 691,716,506 – KRW 372,090,000). Accordingly, the amount of the payment for the completed portion is more than KRW 315,000,000 for the construction cost paid by the Plaintiff.

Therefore, 126,163,00 won remaining after deducting 4,626,506 won from 130,790,000 won directly paid by the Plaintiff constitutes an excessive construction cost.