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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 following facts may be acknowledged in full view of evidence Nos. 1 to 10, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.
On October 25, 2016, the Plaintiff and the Defendant concluded the instant subcontract agreement (hereinafter referred to as the “instant subcontract agreement”) with the following construction works (hereinafter referred to as “instant construction works”).
Contractor: The name of the Plaintiff: The construction period of reinforced concrete construction work (framed construction work): the contract amount: 69,600,000 won for reinforced concrete construction work from October 28, 2016 to December 27, 2016: the scope of the subcontractor’s construction work separately (15,000 won per square meter) for civil retaining wall (120 square meters per square meter and wage unit) (120 square meters per square meter and 580,000 won per unit area) for a total area of 120 square meters, and the scope of the subcontractor’s construction work is necessary to adjust the amount to be paid by means of large-scale assembling and dismantling, steel-line processing and assembling, refrating and dismantling, decretion and dismantling, decretion, decretion and miscellaneous materials, etc.
B. On December 1, 2016, the Plaintiff entered into a contract with the Defendant for the repair of the instant construction project (i.e., a single alteration) with respect to the alteration of the instant subcontract agreement as follows (hereinafter “instant subcontract for construction project”).
Construction period: From October 28, 2016 to February 28, 2017, the contract amount: Total amount of KRW 84,600,000 (i.e., a retaining wall construction of KRW 75,600,000) if it is determined that a little adjustment is necessary, the Defendant shall notify the Plaintiff thereof, and the Plaintiff shall be paid at the 2% line of the contract amount, and the part related to construction after this contract shall be adjusted to include both the Plaintiff and the Defendant in the contract amount.
C. On June 2017, the Plaintiff completed the instant construction work, and upon receipt of a direct demand from the Defendant or the Defendant, the instant construction work as follows.