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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 10, 2014, the Plaintiff and the Defendant concluded a construction contract for the construction of five lots of ground C factories, namely, from June 25, 2014 to October 20, 2014 (hereinafter “instant contract”) with respect to the construction of new factories on five parcels of land, the construction period of which is KRW 1,343,00,000 (hereinafter “instant contract”). On December 12, 2014, the Plaintiff and the Defendant extended the construction period from the said contract to the end of January 31, 2015, and changed the construction price to KRW 1,537,800,000.
B. On February 4, 2015, the Defendant, while continuing construction under the instant contract, suspended the instant construction on February 4, 2015 by preparing a certificate of waiver of lien and a statement of waiver of construction. At the time of the discontinuance of the said construction, the period of the construction is 58.25%, and the period of the construction cost is 814,360,000 won (excluding value-added tax).
[Ground of recognition] Unsatisfy, the appraisal result of appraiser D, each entry of Gap evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the construction cost is KRW 814,360,00,00 as of the time when the defendant renounced the construction work. The plaintiff directly pays 365,000,000 won to the defendant's sewage subcontractor and pays the construction cost of KRW 448,329,061 to the defendant's sewage subcontractor, and pays KRW 838,329,061 to the defendant's site manager's personnel cost of KRW 25,000,00,000 as of the construction cost of this case. Thus, the defendant paid KRW 23,969,061 to the plaintiff in excess of the above flag amount.
B. On February 4, 2015, the Defendant prepared a certificate of waiver of lien and a statement of waiver of construction, etc. to the Plaintiff and suspended the instant construction work. In light of the above acknowledged facts and the witness E’s testimony, the Defendant, at the time of suspending the instant construction work, shall waive all rights related to the instant construction work, including a claim for construction cost, against the Plaintiff at the time of suspending the construction work, and instead, the Plaintiff.