1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 29, 2016, the Plaintiff was awarded a contract with the Defendant for B construction cost of KRW 322,00,000 (excluding value-added tax) and on March 30, 2017 due date for completion.

On March 30, 2017, the Plaintiff entered into a contract with the Defendant to partially add the construction cost of KRW 412,00,000 under the said contract (excluding value-added tax), the deadline for completion as of April 25, 2017, and the construction content.

(2) On March 30, 2017, the contract of this case contains the following: (a) the construction under the contract of this case (hereinafter referred to as the “instant contract”); (b) the contract of this case (hereinafter referred to as the “instant construction”) stated: (c) the Plaintiff cannot make a subsequent claim at the Plaintiff’s request for additional payment of KRW 90,000,000; and (d) the Plaintiff is unable to complete the instant construction at the Plaintiff’s request; and (c)

B. The Defendant paid KRW 310,156,00 to the Plaintiff out of the construction cost under the instant contract.

C. Around April 22, 2017, the Plaintiff appears to be unable to complete the instant construction work within the deadline for completion under the instant contract, and the Defendant awarded a contract to a company other than the Plaintiff for a part of the construction work. On April 24, 2017, the Plaintiff sent to the Plaintiff a letter to the effect that the construction work will be completed unless the construction work is completed by the deadline for completion.

After that, the Plaintiff did not complete the main construction of this case and completed the construction at the construction site.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) Although the Plaintiff’s assertion on the instant construction was completed by May 12, 2017, the Defendant unilaterally reduced the construction work on May 12, 2017 without paying KRW 143,04,00 among the construction cost under the instant contract (=total construction cost of KRW 453,200,000 + value-added tax + KRW 412,000 + value-added tax of KRW 41,20,000)- the fixed payment of KRW 310,156,000.