1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 12, 2016, the Plaintiff was awarded a subcontract by the Defendant for the construction work (including each pipe, joint plate, and wetlands work; hereinafter “instant subcontracted work”) of the bnd and the 4th rooted construction period from the Defendant during the new construction of the B district with the construction period from February 12, 2016 to June 15, 2016, and with the construction amount of KRW 60 million (including all expenses incurred by employees, such as wages of workers).

B. By August 11, 2016, the Defendant paid the Plaintiff KRW 38,904,800 in total as construction cost of the instant subcontracted project.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the subcontracted work in this case can proceed with the prior process, and the Plaintiff additionally disbursed KRW 1,850,000 as wages of workers, etc. on the wind where the prior process is delayed due to the Defendant’s fault.

However, the Defendant paid only KRW 38,904,80,000 out of the total construction cost of the instant subcontracted project and the instant additional construction project (+60,000,000 + KRW 1,1855,00), and did not pay the remainder of KRW 32,945,200 (=7,1850,000 - KRW 38,904,80). Accordingly, the Defendant claimed against the Defendant for the payment of the said KRW 32,945,200 and damages for delay.

B. The main point of the Defendant’s assertion is that the additional construction cost of KRW 11850,00,000 claimed by the Plaintiff was incurred in relation to another construction site unrelated to the instant subcontracted project. Therefore, the Defendant is not obligated to pay the said additional construction cost to the Plaintiff.

In addition, since the defendant paid the plaintiff the amount exceeding the construction cost of the subcontracted construction in this case as the construction cost, the construction cost to be paid no longer remains.

3. Determination

A. The evidence presented by the Plaintiff as to the claim for additional construction cost was executed by the additional construction as asserted by the Plaintiff. The additional construction work is the Defendant.