1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 2014, the Defendant concluded a new contract for the construction work with the Simco Co., Ltd. (hereinafter “Ssco Co., Ltd.”) (hereinafter “Sco”), located in Ulsan Metropolitan City, Ulsan Metropolitan City, with the Plaintiff on June 17, 2014, and concluded a subcontract for the construction work (hereinafter “the instant construction contract”). On June 17, 2014, the Defendant concluded a new contract for the construction work with the Plaintiff and the construction cost of the said new construction work as KRW 53,500,00 (including additional taxes).

The detailed construction cost is KRW 440,00,000, and KRW 93,500,000, and the Fire Services Corporation.

B. The standard subcontract agreement of construction works prepared at the time of the instant construction contract includes a settlement clause as follows:

(hereinafter “instant settlement clause”). (c)

After completing the instant construction work, the Plaintiff received KRW 110 million from the non-party company ordering the construction work, and received KRW 328,500,000 in total from the Defendant, and received KRW 438,500,000 from the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 (including where there is a satisfy number), the purport before oral argument

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay the remaining construction cost of KRW 9.5 million to the plaintiff, unless there are special circumstances to the contrary.

B. After the completion of the instant construction project, the Defendant notified the Defendant that the non-party company, the ordering person, would reduce the amount of reduction for the portion of the electricity/communication work during the instant construction project as KRW 107,929,601 (except for additional taxes). Accordingly, the Defendant asserted that the Defendant did not pay the amount of reduction for the portion of the instant construction project when settling the price of the instant construction contract between the Plaintiff and the Defendant according to its ratio and amount.

The above settlement clause of this case is an agreement between the plaintiff and the defendant that proposed the adjustment of the construction cost of the non-party company when the modification of the design and the volume of the construction work of this case are changed.