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 company that carries out construction works, etc. with the trade name of “B”, and the Defendant is a company that carries out construction works, etc.

B. On July 10, 2015, the Plaintiff entered into a contract for construction with the Defendant for the construction of steel-frames (hereinafter “instant construction contract”) to which the Defendant subcontracted steel-frames construction work among the new construction works of the Mapo-gu Seoul and Seodaemun-gu Seoul neighborhood living facilities (hereinafter “instant construction work”).

The Plaintiff and the Defendant set the construction cost as KRW 600,000 per square year, and the construction area is KRW 102,960,000 for total construction cost, including value added tax, at 156 square meters.

C. The Defendant paid KRW 89,600,000, out of the construction cost, by paying the construction cost directly to the Plaintiff, and by paying meals, material costs, wages, etc. on behalf of the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, whole purport of pleading

2. Assertion and determination

A. (1) The Plaintiff’s assertion (1) If the construction cost of KRW 102,960,00 according to the instant construction contract and the additional construction cost of KRW 5,000 under the instant construction contract plus KRW 3,200,000 + Value-added tax of KRW 820,000, the total construction cost is KRW 111,980,000, and the Plaintiff completed the instant construction work on October 5, 2015.

Since the Defendant paid only KRW 89,600,000 to the Plaintiff, it is obligated to pay the remainder construction cost of KRW 22,380,000 and damages for delay.

(2) The Defendant did not request the Plaintiff to perform the additional construction work.

On October 5, 2015, the Plaintiff did not complete the construction work and completed the construction work directly by the Defendant. The Plaintiff paid compensation for the delay to the Boridong Co., Ltd., the original contractor, due to the delay of the Plaintiff’s construction.

Since the Defendant paid food, material, and wage instead of the Plaintiff, the construction cost payable to the Plaintiff remains.

B. (1) Determinations are made on the additional construction cost.