1. The plaintiff's claim is dismissed.

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

Facts of recognition

On March 22, 2013, the Plaintiff was awarded a contract with the Defendant for the construction of a multi-family house in Gwangju North-gu C ground (hereinafter “instant construction”) in the amount of KRW 240 million.

On April 18, 2013, the Plaintiff commenced the instant construction work, and there was a dispute between the Defendant and the Defendant regarding the payment of additional construction cost, and the instant construction was suspended on June 29, 2013.

On August 1, 2013, the Defendant requested the Plaintiff to resume the instant construction project, and provided a declaration of intent to terminate the instant construction contract if the construction is resumed and the construction is not completed within the agreed period, but the Plaintiff did not resume the construction project.

Accordingly, the Defendant decided to directly perform the instant construction work in a direct manner, and commenced the construction from the beginning of September 2013, and completed the instant construction work around October 2013.

Appraiser D in this Court case 2013Gadan518134, which the Defendant filed a claim against the Plaintiff, etc. for the return of construction cost, assessed the construction cost as KRW 235,005,070, and the construction cost to be incurred in completing the non-construction portion as KRW 87,226,837, respectively, and assessed the construction cost to be incurred in completing the non-construction portion as KRW 235,005,070 in the construction cost to be incurred at KRW 72.93% in the construction cost to be incurred at KRW 72.93% in the construction cost to be incurred in completing the non-construction portion ± (235,05,070 in the construction cost to be incurred at KRW 87,226,837 in the non-construction cost to be incurred at KRW 235,00 in the construction cost to be incurred at KRW 235,05,0

The Defendant paid to the Plaintiff KRW 200,000,000 in total, on March 23, 2013; ② KRW 20,000,000 on April 23, 2013; ③ May 21, 2013; ④ KRW 50,000,000 on June 12, 2013; and ⑤ KRW 30,000,000 on June 28, 2013 as construction price, respectively.

【In the absence of dispute, the Plaintiff asserted the respective descriptions in Gap’s evidence Nos. 1 through 9, and the purport of the entire pleadings. The Plaintiff contracted for the instant construction works by the Defendant, which was ordered to remove the concrete floor, remove and install the existing fences, and then filled up the balcony water.