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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are found either in dispute between the parties or in full view of the purport of the entire pleadings in each description of Gap evidence of No. 1, 8, 9, Eul evidence of No. 1, 3, 4, 5, 7 (including serial evidence):
A. On July 19, 2012, the Defendant entered into a construction implementation agreement (hereinafter “instant execution agreement”) with respect to the construction sections C, construction machinery, and telecommunications works (hereinafter “instant construction works”) contracted by the Defendant from Daeelim An SP Co., Ltd. (hereinafter “TS”), and the said agreement directly executes the instant construction works from July 19, 2012 to July 21, 2013, and in return, the Defendant is obliged to pay KRW 622,00,000 to B.
B. On November 11, 2015, B and the Defendant’s agent D drafted a liquidation note to finally settle the construction cost due to the extension of the construction period of the instant construction project, and authenticated it. The relevant contents are as follows.
Any balance: Liberl million Won (70,000,000) shall be received first on November 11, 15, and the final settlement amount shall be paid in the amount of KRW 50,000,000 (50,000) after the completion of the final settlement with the original contractor.
(Provided, the final settlement shall be made to the maximum extent necessary to complete the settlement by the end of November, 15, of the amount determined by the third Conncy and of the air extension indirect costs, and shall be received not later than seven days after the final settlement of the air extension indirect costs and the final settlement of the remaining amount of the payment. If the final settlement of the air extension indirect costs exceeds the daily amount of KRW 120 million,00,000,000 won shall be paid within the extent of the amount paid in excess of the daily amount of KRW 120,000,000 per day (e.g., KRW 20,000,000,000,000 when the settlement of KRW 120,000.
C. On November 16, 2015, B had not been paid in KRW 70 million on November 11, 2015 of the above Liquidation Statement to the Defendant, and thus, the above Liquidation Statement becomes null and void, and accordingly, it shall claim the remainder of the construction price in full in accordance with the contract.