1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person engaged in construction business, etc. under the trade name C (hereinafter “C”).

B. The defendant is a company that performs civil engineering projects, etc.

C. The Defendant was awarded a subcontract for civil engineering works (hereinafter “instant civil engineering works”) among “Ftel new construction works,” which were in progress on the ground of the Yongsan-gu Seoul Metropolitan Government E, Seoyang-si.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 8 through 13 (including branch numbers for those with additional numbers), and the purport of whole pleadings

2. Around March 2016, the Plaintiff and the Defendant jointly ordered the instant civil engineering works, and determined that 40% of the profits therefrom would be the Plaintiff’s acquisition of the remainder.

After that, the Plaintiff and the Defendant modified the instant civil engineering works to be ordered by the Defendant alone, but the Defendant paid KRW 600 million to the Plaintiff in return for the waiver of joint orders for the instant civil engineering works.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 60 million, excluding KRW 200 million paid by the Defendant on or around June 2016, and value-added tax of KRW 440 million, plus KRW 440 million, as well as damages for delay.

3. Whether the obligation to pay the agreed amount arises;

A. In order to establish the relevant legal doctrine, there must be an agreement between the parties on the content of the contract.

The agreement of such intention does not require all matters that form the terms and conditions of a contract, and there is sufficient agreement on the standards and methods that specifically agree with or may specify the essential matters or important matters in the future.

On the other hand, in case where the parties have not agreed on the matters that should be agreed upon, the contract is not concluded unless there are special circumstances.