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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On January 2, 2017, the Plaintiff and C entered into a subcontract for construction works with the content that the Defendant was awarded a contract with D to the contract amount of KRW 1,264,509,150 (including value added tax) of the construction works for the construction of the F building on the ground of the land of Busan, Suwon-gu, Busan, which was contracted by D, and the construction period from January 11, 2017 to September 30, 2017. Since then, the Plaintiff and C concluded a subcontract for construction works with the intent to perform part of the construction works in order to avoid problems arising from the subcontract in a lump sum, the Defendant agreed to perform the construction works, and the scope of the construction works was the remainder (hereinafter “instant construction works”), the contract amount was changed to KRW 813,51,670 (including the aforementioned modified construction works) from the Plaintiff and the Defendant’s additional subcontract for construction works to KRW 10,000,000 (including value added construction works).
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff received additional contract from the Defendant for removal works equivalent to KRW 20,350,00 in addition to the instant construction works, and for interior works equivalent to KRW 20,00,00 in addition to the instant construction works, and for interior works equivalent to KRW 6,703,422 in addition to the instant construction works, and completed all the instant construction works and respective additional construction works around September 2017. The Defendant paid KRW 462,473,50 in total to the Plaintiff from January 24, 2017 to August 18, 2017. Upon the Plaintiff’s demand for direct payment, the Defendant paid KRW 213,140,400 in total to the subcontractor company from March 15, 2017 to August 24, 2017 (i.e., KRW 675,613,940,400,300 in total).
Therefore, the Defendant paid the remainder to the Plaintiff KRW 184,91,192 (i.e., the instant construction cost plus KRW 813,551,670,000.