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The plaintiff's claim against the defendants is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaging in general construction business, and Defendant C is a substantial representative of the Defendant Company, and Defendant D is a person who is working as the representative director of the Defendant Company.
B. On April 6, 2016, the Defendant Company: (a) concluded a contract for the construction of a new construction of a commercial building of three underground floors and five-story above ground level (hereinafter “instant commercial building”) on the F and G land in Ansan-si; (b) on April 6, 2016, with the construction cost of KRW 12,635,150,000; and (c) from May 15, 2016 to May 15, 2017.
C. On April 19, 2016, the Defendant Company entered into a contract for construction works with the Plaintiff as the contractor on the whole of the instant construction works, with the content that the construction cost is KRW 11,176,00,000, and the scheduled completion date of construction works as of May 15, 2017.
(hereinafter “instant contract”). D.
After the conclusion of the instant contract, the Plaintiff reported the commencement of construction on June 9, 2016, and continued the instant construction. During that process, the Plaintiff concluded a subcontract with the subcontractor under the name of the Defendant Company.
E. The instant construction was terminated on September 2017, and the instant commercial building was approved for use on September 8, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 5, 6, 9, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion (1) The Plaintiff completed the instant construction, and the Defendant Company is obligated to pay the construction cost under the instant contract.
The Defendant Company shall pay the Plaintiff the unpaid construction cost of KRW 1,323,946,083, which remains after deducting the paid construction cost of KRW 9,852,053,917.
(2) After the conclusion of the instant contract, the Plaintiff carried out additional construction works according to the design change and carried out construction works on the part other than the permitted area. The Defendant Company is obligated to pay the total construction cost of KRW 1,083,973,127.
(3) Defendant C.