1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Around March 2013, the Plaintiff entered into a contract with the Defendant under which the Defendant was awarded a contract for the construction of a processing plant in Gangwon-si, Gangwon-do (hereinafter “instant construction contract”).

B. The Plaintiff completed all the construction works under the instant construction contract, and the Defendant paid to the Plaintiff KRW 150 million as the construction cost of the instant case on May 9, 2013, KRW 150 million, KRW 112 million on June 14, 2013, KRW 67 million on January 24, 2014, KRW 329 million on a total of KRW 329 million.

C. Meanwhile, the Plaintiff and the Defendant drafted two contracts for the instant construction contract, and ① one of them is described as KRW 265 million (excluding value-added tax) in the construction contract of this case (hereinafter referred to as “the above contract”) and ② the remainder (Evidence 1) in the construction contract of this case as the construction contract of this case, and KRW 375 million (value-added tax separately).

(hereinafter referred to as "the above contract" . . 【the ground for recognition' . .. The fact that there is no dispute, Gap evidence 1 and 2, Eul evidence 1-1, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff and the defendant first set the construction cost of this case at KRW 265 million as stated in the construction contract No. 1. However, upon the defendant's request, the plaintiff agreed to increase the construction cost of this case at KRW 375 million as stated in the construction contract No. 2. In addition, the plaintiff completed the construction work in accordance with the construction contract of this case, and completed the construction work in the process, and required for additional construction cost of KRW 40,567,000 ( KRW 1,510,000,000,000 for KRW 12,987,000,000 for additional second floor construction work of KRW 16,00.

Therefore, the Defendant paid to the Plaintiff KRW 46 million, excluding KRW 329 million among the construction cost of this case, and KRW 26.2 million among the value added tax on the construction cost of this case, and KRW 40,567,00, additional construction cost.