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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 following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 4, and the purport of all pleadings.
Period: Contract amount from April 12, 2017 to May 12, 2017: 135,000,000 won (excluding value-added tax)
A. On April 12, 2017, the Plaintiff was awarded a subcontract for the Ulsan-gu B Corporation (hereinafter “instant construction”) from the Defendant with the following content.
B. The instant construction was completed on May 12, 2017, and the part of the instant construction was included in the Defendant’s direct construction according to an agreement between the Plaintiff and the Defendant.
C. On May 31, 2017, the Plaintiff and the Defendant: (a) considered the part directly executed by the Defendant among the instant construction works as KRW 15,00,000; and (b) finally concluded an agreement to settle the construction cost of the portion finally executed by the Plaintiff as KRW 120,00,000 (excluding value-added tax).
The Defendant paid KRW 132,00,000 to the Plaintiff on April 14, 2017, KRW 20,000,000 on May 17, 2017, and KRW 57,000,000 on May 31, 2017, and paid the Plaintiff the total amount of KRW 120,00,000 and value-added tax thereon.
2. Determination
A. In the process of performing the instant construction, the Plaintiff asserted that, at the Defendant’s request, the main material of the pipeline was changed from fume to PCF, and the Defendant agreed to settle the additional construction cost incurred by the said change and set a cycle.
However, due to the above change, the defendant did not pay the additional construction cost of KRW 33,142,160.
B. The Plaintiff’s evidence Nos. 1 and 2 alone is insufficient to acknowledge the fact that the main materials of the pipe are changed from fume to PCF in accordance with the Defendant’s future settlement and payment agreement, and there is no other evidence to acknowledge otherwise.
The plaintiff's assertion cannot be accepted.
3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.