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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 September 2014, the Defendant entered into a construction contract with a limited partnership company broad housing (hereinafter “Blue Housing”) with the content that the Defendant sets the amount of 48.367 billion won in the cost of construction for the construction of the Aglue Apartment Complex on the ground, such as Aglue Eup 282-7, Aglue Masan-si, Aglue Eup Masan-si. (hereinafter “instant contract”).
B. On February 9, 2015, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with a view to: (a) the construction cost of soil works, soil mounds, and file works among the construction works of the said apartment (hereinafter “instant subcontracted works”); (b) the commencement date of construction; (c) February 11, 2015; and (d) December 31, 2015; and (c) the date of completion of construction; and (d) the said subcontract with a view to accepting the said subcontract (hereinafter “instant subcontract”).
C. Of the Plaintiff’s subcontracted construction work, the drawings were modified according to the direction, etc. of civil engineering supervisors because the original contractual drawings do not comply with the field conditions, and the Plaintiff agreed to receive KRW 101,00,000 as the additional construction cost (hereinafter “the additional construction cost of this case”) between the luminous housing and the luminous housing on November 16, 2015. The Plaintiff agreed to receive KRW 101,00,000 as the additional construction cost (hereinafter “the additional construction cost of this case”).
The Plaintiff completed almost the instant subcontracted project on November 2015, and completed the last completion thereof on June 2016, and received a decision of non-authorization of the rehabilitation plan on July 31, 2017, by failing to grant authorization of the rehabilitation plan on August 31, 2016.
E. The Defendant paid the Plaintiff a total of KRW 1,109,200,000 from May 14, 2015 to December 10, 2015 upon a claim for the flag of a broad-name housing unit, and paid KRW 1,127,700,000 on November 4, 2016 by adding KRW 17,800,000, and paid the Plaintiff a total of KRW 1,127,000,000 on the instant subcontract. By June 2016, the Defendant paid the Plaintiff a broad-name housing unit including the amount until December 10, 2015 to the Plaintiff.