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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs the construction business, etc., and the Defendant is the owner of the construction work of the 4th floor building on the racing-si B and C ground (hereinafter “instant construction work”).
B. On September 25, 2013, the Plaintiff and the Defendant drafted a written contract for a construction project with construction cost of KRW 957,000,000 with respect to the instant construction project. On April 10, 2014, the Plaintiff and the Defendant drafted a modified contract with the construction cost of KRW 660,000,000 and the construction cost of KRW 625,18,726, respectively.
C. The instant construction was completed on March 2014, and the Defendant paid the Plaintiff a total of KRW 454,148,726 from October 28, 2013 to July 23, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, 3, 3, and 6-2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion completed the instant construction project in accordance with the construction contract with the Defendant, and agreed on the final settlement amount to KRW 625,188,726, and the Defendant is obligated to pay the Plaintiff the payment of the construction cost of KRW 171,040,00 (625,188,726 - 454,148,726) and the delay damages.
B. The defendant's assertion that the construction project of this case requires the name of the plaintiff in the name of the comprehensive construction business, and only prepared each of the above construction contracts in the form of the construction project while lending the plaintiff's name, and the actual contract to the plaintiff is merely limited to the portion of the structural construction project, and the amount exceeding the actual amount of the structural construction project is paid to the plaintiff
3. The judgment is based on the following circumstances, i.e., KRW 128,708,726 out of KRW 454,148,726 paid by the Defendant to the Plaintiff, KRW 128,726 out of KRW 454, 148,726 paid by the Defendant to the Plaintiff, KRW 128,708,726 out of KRW 128,726 out of KRW 454, 3, and 12-1 through 6, Eul’s evidence Nos. 5, 6, 7, 9, 10, and 11-1 through 20, 12-1, and 12-2.