1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 5, 2012, C concluded a contract agreement with the Defendant and Asan City D New Construction (hereinafter “instant Construction”) with regard to the construction cost of KRW 720,000,000 (additional tax separate), July 16, 2012 on the date of commencement, and December 26, 2012 on the date of completion (delivery date November 18, 2012).

B. However, around August 2012, following the occurrence of the problem of C, a contractor, the Defendant terminated the said contract. On August 27, 2012, the Plaintiff concluded a contract (hereinafter referred to as “instant contract”) with C by setting the contract amount of KRW 792,00,000 (i.e., value of KRW 720,000,000, value-added tax of KRW 720,000,000), and the date of commencement on July 16, 2012, the date of completion on December 26, 2012 (on India, November 28, 2012).

C. On August 31, 2012, the Defendant transferred KRW 237,60,000 out of the construction price of the instant case to the account in the name of E after entering into the instant contract, and KRW 237,600,000 out of the construction price of the instant case around October 2012, and KRW 60,000,000 out of the construction price of the instant case on December 31, 2012, respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. After entering into the instant contract on the Plaintiff’s assertion, the Defendant requested the Plaintiff to modify the design. Accordingly, the Plaintiff had to pay the Plaintiff KRW 99,294,50, as additional construction following the alteration of the building placement, additional construction following the alteration of the building construction, and additional construction and artificial stone construction following the alteration of the building materials. As a result, there was an additional construction cost equivalent to KRW 99,294,50, the Defendant is obligated to pay the Plaintiff KRW 500.

B. Each statement of Gap evidence Nos. 4 to 13 (including a serial number) was made by the plaintiff in addition to the construction work under the contract of this case.

As to the part of the Plaintiff’s assertion that additional construction was made, the Defendant under the instant contract.