1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 20, 2015, the Plaintiff (C Co., Ltd.) concluded a construction contract with the Defendant on a construction period of construction from August 21, 2015 to May 30, 2016, under which the construction cost was 4.4 billion won (including value-added tax) as a result of the occurrence of additional construction costs and additional costs, with the Defendant on May 30, 2016.

(이하 ‘이 사건 계약’이라 한다). 공사명: 청주시 상당구 D 무인모텔 신축공사 공사기간: 착공 2015. 8. 21. / 준공 2016. 6. 25. 공사금액: 46억 2,000만 원(부가가치세 포함) 대금의 지급: ▷ 선급금: 3억 원을 계약일에 지불함 ▷ 기성부분금: 2015. 11. 30. 8억 8,000만 원(선급금 포함) 2016. 1. 22. 6억 6,000만 원 2016. 2. 29. 6억 6,000만 원 2016. 3. 31. 5억 5,000만 원 2016. 4. 30. 5억 5,0000만 원 2016. 6. 23. 13억 2,000만 원(준공 후 지불함) 추가비용 발생시 추가비용 관련 서류 제출 및 검토 후 추가 정산한다.

B. The Plaintiff completed the instant construction and delivered it to the Defendant upon obtaining approval for use on June 24, 2016.

C. The Plaintiff was paid KRW 4,541,746,850 as the construction price by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff is liable to pay the Plaintiff the amount of KRW 4,541,746,850, which the Defendant received from the Defendant, to the Plaintiff KRW 4,383,08,950, and ② the amount that the Defendant directly paid to the Plaintiff’s subcontractor (hereinafter “direct payments”) was KRW 158,657,90, and the Defendant is obligated to pay the unpaid construction cost ( KRW 4,620,000 - KRW 4,541,746,850) to the Plaintiff.

As to this, the Defendant is the expenses and direct payments that the Defendant directly executed and disbursed by the Plaintiff’s non-execution portion are KRW 336,510,90.