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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 fact that there is no dispute between the Plaintiff and the Defendant around June 2014, that the Plaintiff was awarded a contract with the Defendant for the civil works related to mushroom cultivation (hereinafter “instant construction works”) from the Defendant in Yongcheon-si, Yongcheon-si. The Defendant paid the Plaintiff the construction cost of KRW 148,50,000 on June 147, 2014, and the same year.
95,00,000 won for April 148, 500 won, and for December 31, 12, 198,000 won for the same year, there is no dispute between the parties.
2. The parties' assertion
A. On June 3, 2014, the Plaintiff and the Defendant drafted a standard form of contract for private construction works (name of construction: contract for civil construction works and contract amount: KRW 495,00,000 among the construction works for mushroom cultivation companies: hereinafter “catch contract”) with respect to the instant construction works, and the Defendant paid the said contract amount to the Plaintiff in full.
B. (1) After concluding a farming house contract, the Plaintiff and the Defendant concluded a modified contract to reduce the construction cost of the farming house contract to KRW 317,000,000 on September 24, 2014.
(2) As of October 1, 2014, the Plaintiff and the Defendant drafted a standard contract for private construction works (name: civil engineering works, contract amount: KRW 451,00,000 in the construction of solar power generation facilities: hereinafter “power generation facility contract”) related to the instant construction works.
(3) On November 30, 2014, the Plaintiff and the Defendant concluded a modified contract to reduce the construction cost of the power generation facility contract to KRW 380,950,000.
(4) The Plaintiff was awarded a contract with the Defendant for the change of power generation facilities, and the contract for the change of power generation facilities and the contract for the change of power generation facilities (hereinafter “the contract for the change of power generation facilities”). (4) The Plaintiff was also awarded a contract with the Defendant for the change of power generation facilities, other than the cultivation company contract, and the contract for the change of power generation facilities was KRW 697,950,000 in total. Under the remaining contract, the Defendant paid the Plaintiff KRW 495,000,000 among them, and thus the Defendant claimed for the remainder of the payment for the construction work and the delay damages therefrom.
3. Determination
A. The instant case.