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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 2013, the Defendant subcontracted the instant construction work among the “A 16BL New Construction Work for Multi-Family Housing” to the Plaintiff (hereinafter “instant construction work”). From July 4, 2013, the Plaintiff continued the instant construction work.
B. On August 5, 2013, the Plaintiff and the Defendant drafted a construction subcontract agreement with the Plaintiff that the instant construction work will be subcontracted to the Plaintiff with the construction cost of KRW 916,300,00 (including value-added tax) and the construction completion date as of July 31, 2014.
C. On July 2014, the Plaintiff completed the instant construction work.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserted that the construction work in this case was accepted by the defendant at KRW 916,300,000 (including value-added tax). The defendant did not pay the plaintiff KRW 124,770,243 out of the price.
The Plaintiff, upon the Defendant’s request, did an additional construction work or re-construction work other than the instant construction work, but the Defendant did not pay a total of KRW 193,267,470.
However, the defendant paid 116,178,500 won to the plaintiff's workers on behalf of the plaintiff.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 201,859,213 (i.e., additional construction cost of KRW 124,770,243 and reconstruction cost of KRW 193,267,470 - Labor cost of KRW 116,178,50 paid by the Defendant on behalf of the Defendant).
B. On July 15, 2014, the Defendant asserted that all the instant construction cost, additional construction cost, and reconstruction cost were added to the Plaintiff and the Plaintiff and the Defendant agreed to settle the construction cost of KRW 984,570,00 in total (if value-added tax is added, value-added tax is added, KRW 1,083,027,00).
(hereinafter “instant settlement agreement”). Since the Defendant paid the Plaintiff KRW 966,00,000 (including value-added tax and value-added tax, KRW 1,062,60,000) prior to the instant settlement agreement, the unpaid construction cost = 18,570,000.