1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On September 3, 2015, the Plaintiff asserted that the construction work was completed after being awarded a contract for construction work from the Defendant to the 355,800,000 Won for the construction work of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of

In addition, the Plaintiff lent KRW 4,00,000 to the Defendant totaling KRW 2,00,000 on September 4, 2015, and KRW 2,00,000 on September 12, 2015.

However, the Plaintiff received only KRW 32,500,000 from the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 48,568,60 [=381,068,600 for additional construction work amounting to KRW 21,268,600 for additional construction work amounting to KRW 355,800 for the original construction work amounting to KRW 21,268,600] and damages for delay.

B. There is no fact that the Defendant requested the Plaintiff to perform the additional construction work, and there is no fact that 4,000,000 won was borrowed from the Plaintiff.

Of the initial construction cost, the remainder of KRW 23,300,000 was directly treated by the Plaintiff to C (D) who was subcontracted by the Plaintiff.

2. Determination

A. The evidence alone submitted by the Plaintiff as to the additional construction and loan portion was an additional construction work worth KRW 21,268,600 upon the Plaintiff’s request from the Defendant.

It is insufficient to recognize that the Plaintiff lent KRW 4,000,000 to the Defendant, and there is no other evidence to acknowledge this. Therefore, this part of the Plaintiff’s assertion is without merit.

B. In full view of the overall purport of evidence Nos. 1, 2, and 3 of the remainder of the construction cost of KRW 23,300,000, the Plaintiff submitted to the Defendant with the consent of C, on September 9, 2016, a statement of non-assignment to the effect that “The Plaintiff shall pay KRW 23,000,000 (which seems not to be included in value-added tax) to C in relation to the construction work performed by C,” and thus, the Plaintiff submitted to the Defendant with the consent of C.