1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 10, 2012, the Plaintiff entered into a construction contract with the Defendant to the extent that the construction amount is KRW 240,000,000 of the construction amount, between the former YY C (hereinafter “instant construction contract”). The construction period is from September 10, 2012 to December 27, 2012, and the remainder of the construction price is within 30 days after completion (hereinafter “instant construction contract”). The instant construction contract was awarded a contract.

B. The Defendant paid KRW 200,776,830 to the Plaintiff according to the instant construction contract, and the completion date of the instant housing is February 1, 2013.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. Upon the Defendant’s request, the Plaintiff asserted that the instant construction works and additional construction works worth KRW 31,700,000 in total (hereinafter “instant additional construction works”). Since the said construction works have not yet been paid, the Plaintiff is obligated to pay the total construction costs of KRW 70,923,170 in total (39,223,170 in additional construction costs) and damages for delay.

B. The Defendant’s assertion did not request or agree on additional construction. Of the unpaid construction cost, the Defendant’s direct material business operator’s payment should deduct the amount of KRW 6,026,120, and the amount of KRW 14,361,00, and the portion of KRW 23,506,120, which the Plaintiff did not work, from the amount of the unpaid construction cost under the agreement with the Plaintiff. Even if there were remaining construction cost, the Plaintiff’s claim for the construction cost should be set off against the Defendant’s defect repair claim after the lapse of three years from the completion of the instant construction work.

3. Determination

A. 1) According to the above facts of recognition, the defendant paid 39,223,170 won (=240,000,000- 200,776,830 won and damages for delay.