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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. (1) The Plaintiff and the Defendant concluded seven reinforced concrete subcontracting construction contracts (a total construction cost of KRW 795,800,000) relating to the following construction works.
The content is 1,1,32,00,000 won for construction work, 332,00,000 won for construction work, 23,80,000 for construction work, 3,000 for construction work, 180,000 for construction work, 4, 38,000 for construction work, 38,000 for construction work, 38,000,000 for construction work, 5,000 for construction work, 62,00 for construction work, 62,00 for construction work, 6,00 for G construction work, 15,000,00 for construction work, 62,00 for construction work.
(2) and (1) Additional construction cost of KRW 32,500,000 has occurred due to the addition of 130 tons in relation to the construction work.
Therefore, the total construction cost is KRW 828,300,000.
(3) The Plaintiff received payment of KRW 521,77,910 from the Defendant, and directly received KRW 35,885,00 from the Plaintiff’s labor personnel. The Defendant paid KRW 125,90,000 on behalf of the Plaintiff, such as equipment cost, material cost, and food cost, and received KRW 683,562,910 in total.
(4) Therefore, the defendant is liable to pay to the plaintiff 144,737,090 won (828,300,000 won - 683,562,910 won) and damages for delay.
(Plaintiff asserted as above the amount payable in the preparatory document dated April 16, 2016, but did not modify the purport of the claim). (B)
(1) The Plaintiff and the Defendant concluded a construction contract of KRW 795,800,000 in total with respect to seven reinforced concrete subcontracting projects.
① The Plaintiff did not perform 130 tons of reinforced concrete construction as asserted in connection with the construction.
(2) The Defendant paid the Plaintiff the construction cost of KRW 569,512,00 to the Plaintiff, and paid KRW 35,885,00 directly to the labor workers belonging to the Plaintiff, and paid KRW 198,893,893,200 (the sum of KRW 16,52,050, KRW 145,540,00, and KRW 36,80,01,00, such as material cost, equipment cost, food cost, etc.) on behalf of the Plaintiff, and paid KRW 804,290,290,200.