1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is a corporation whose purpose is to carry on the manufacturing and construction business of steel structures, and the defendant is the person who carries on the grain strawing business in the trade name of "B".

B. On September 18, 2014, the Plaintiff received a contract from the Defendant for the new construction of a ground warehouse C (hereinafter “instant construction”) on a contractual basis as the contract price of KRW 422,00,000 (excluding value-added tax) and October 31, 2014 on the completion date.

C. Around January 15, 2015, the Plaintiff completed the instant construction. Around September 29, 2014, the Plaintiff received KRW 65 million from the Defendant on September 29, 2014, KRW 165 million, KRW 65 million on November 7, 2015, KRW 60,367,500 on December 30, 2015, KRW 20 million on February 17, 2015, KRW 20 million on February 18, 2015, KRW 33,065, KRW 917 on March 31, 2015, and KRW 463,43,417 on March 31, 2015.

On the other hand, the Defendant loaded grain in the instant building on December 14, 2014, and the Plaintiff failed to perform the construction of polybane resin equivalent to KRW 25,240,060 (excluding value-added tax) during the instant construction.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the construction work in the instant case included additional construction works for the Defendant’s design modification, and disbursed a total of KRW 80,804,210 as shown in the attached Form for additional construction costs.

On the other hand, the Defendant loaded grain in the instant building among the instant construction works, and the Plaintiff failed to proceed with the construction works of polybane resin (25,240,060 won for construction works).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 56,30,733 [the construction cost of this case = KRW 80,804,210,00 (including value-added tax) additional construction cost of KRW 466,200,00 for the construction cost of this case - KRW 463,43,417 for the fixed construction cost - the amount deducted from the construction cost of the non-construction (the construction cost of Pouran balance) 25,240,060] and damages for delay.

B. The defendant's assertion that there was no additional construction contract with the plaintiff, and there is no fact that there was no additional construction contract with the plaintiff.