Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion and determination: (a) concluded a construction contract that the Defendant concluded on June 6, 2017 to July 31, 2017 with a fixed period of construction; (b) the construction cost of KRW 148,50,000; and (c) the Defendant agreed to pay additional personnel expenses, equipment expenses, material expenses, and food expenses to the Defendant when earth and sand collapses on July 5, 2017 (hereinafter “instant special agreement”); (c) the Defendant’s implementation of restoration works due to earth and sand collapse, and accordingly, claimed that the Defendant is liable to pay the Plaintiff damages for delay, including KRW 1.31,19,00 won, personnel expenses, KRW 3.6 million, labor expenses, labor expenses, KRW 3,000,00 for steel team workers, KRW 3,283,00,000,000,000 for steel team personnel expenses, and KRW 3,2830,000,00.
According to the records of evidence No. 1, the plaintiff and the defendant acknowledged the fact that they entered into the special agreement of this case, but according to the statements of evidence No. 6 through No. 8 (including paper numbers) after entering into the special agreement of this case, the plaintiff, the defendant's attorney C, and the representative director Eul of the D Co., Ltd. can recognize the fact that they agreed to pay to the plaintiff the amount including the construction cost, etc. claimed by the plaintiff for the claim of this case through the meeting of this case, or that they agreed to pay to the plaintiff and settle the claim of this case by the plaintiff, the plaintiff, the defendant's attorney C, and the representative director Eul of the D Co., Ltd. through the meeting of this case, it is not sufficient to recognize the plaintiff's assertion by only the
2. It is so decided as per Disposition by the assent of all participating Justices on the bench.