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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 gist of the Plaintiff’s assertion was determined as KRW 235,593,60 (including additional tax) and entered into a contract for the assembly work with the Defendant for SB584 (60 tons) and SB585 (60 tons) and completed the above construction work: (i) paid KRW 226,30,00 among the above construction cost, but did not receive the remainder of KRW 9,263,600; (ii) additional construction cost was not paid KRW 67,230,00; and (iii) as at the time of the above assembly contract, the weight was calculated as KRW 60 (1,784,80 per ton) and the amount was calculated as KRW 78,371 ton of each 18 tons and KRW 64,25,80, and the Defendant did not receive additional construction cost due to the difference in weight, and the Defendant did not receive the total construction cost of KRW 20,300,000 due to the delayed construction period of materials and valuables.
2. Determination
A. (1) As to the part (1), the Defendant alleged that the above assembly contract was concluded with the Plaintiff and the 226,300,000 won already paid, and that the above construction payment was included in all of the above construction payment. However, it is difficult to recognize that there exists the unpaid construction payment, unless there is any evidence to acknowledge that the Plaintiff concluded the assembly contract with the construction payment of KRW 235,593,600, as alleged by the Plaintiff.
B. ② As to the part of the Plaintiff’s assertion, the Defendant asserted that the portion of KRW 57,160,00,000, out of KRW 67,230,000 as claimed by the Plaintiff, was included in the above additional construction cost exceeding KRW 72,330,00, excluding the construction cost of KRW 154,000, which was already paid by the Plaintiff, rather than the Plaintiff’s work content. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff was working for the portion exceeding KRW 57,160,00, and KRW 57,330,000, the above KRW 57,160,000.