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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. On May 2, 2017, the Plaintiff entered into a subcontract with the Defendant on the terms and conditions of sewage supply (hereinafter “instant contract”) with respect to steel bars and concrete construction works (hereinafter “instant construction works”) among the new construction works of Gyeyang-gu D (hereinafter “instant building”) on the following occasions: (a) the construction cost of KRW 995,50,000 (including value-added tax) and the construction period from May 2, 2017 to September 30, 2017; and (b) the period of construction of the instant construction works; and (c) the Plaintiff entered into a subcontract with the Defendant to supply sewage (hereinafter “instant contract”).
B. On October 31, 2017, the Plaintiff concluded a construction waiver agreement with the Defendant and the Plaintiff to the effect that the instant construction was not completed within the agreed construction period, and that “the Plaintiff renounces the instant construction, and the Plaintiff would pay all outstanding amounts (all outstanding amounts, such as molds, reinforced concrete, and human resource fees for human resource offices) incurred prior to October 30, 2017 regarding the instant construction work (hereinafter “instant waiver agreement”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) At the time of the conclusion of the instant contract, the construction cost per square meter was KRW 192,576 (i.e., 95,50,000 ¡À 5,169.375 square meters ± 5,169.375 square meters; hereinafter the same shall apply). Since the total floor area of the instant building was increased to 5,219.21 square meters due to the changes in design, the instant construction cost was also increased to 1,005,09,094,585 (= 5,219.21 square meters x 192,576 x 19.21 x 192,576 x 4,678.23 square meters of the instant building among the instant construction works, the Plaintiff has a duty to pay the Plaintiff a total of 4,678 square meters from the 2nd to the 605,678.2365 square meters of the instant construction cost (=69.36464.65 square meters)
However, since the defendant paid only KRW 462,00,000 to the plaintiff, the remaining construction cost of this case is 438.