1. The plaintiff's claim is dismissed.

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

Basic Facts

On June 8, 2012, the Defendant subcontracted the portion of the painting construction among the installation works of the military sports unit relocation project (hereinafter “instant painting construction”) that was contracted by the Korea Land and Housing Corporation on June 8, 2012, to the Korea Land and Housing Corporation as “the construction period: from June 8, 2012 to February 6, 2013; the contract amount: 839,293,254 won (i.e., supply price of KRW 767,627,546 value-added tax of KRW 71,65,708); the warranty bond rate of KRW 3% of the contract amount; and the warranty bond period of KRW 12 months after completion.”

Since then, with respect to the above subcontract, seamen’s head and the Defendant concluded a modified contract to increase the construction cost and extend the construction period on several occasions, and finally, the construction period was changed from June 8, 2012 to March 31, 2013 to KRW 1,118,507,280 (i.e., value-added tax of KRW 1,023,00,000, value-added tax of KRW 95,407,280) as a modified contract concluded on February 28, 2013.

(2) In addition to the instant painting construction work, the instant additional construction works performed additional construction works, such as handball stadiums, shipball stadiums, and indoor shooting range partitions (hereinafter “instant additional construction works”), and the Defendant promised to settle the additional construction costs therefrom to the captain.

On March 2013, the Seamen’s degree of completion of the construction and payment of the construction cost has been completed in entirety, and the Defendant paid KRW 972,610,869, out of the construction cost of the instant subcontract (based on the supply price) to the Seamen’s Director.

On June 4, 2013, the head of the Do Seamen General was declared bankrupt by this Court No. 2013Hahap71, and A was appointed as a trustee in bankruptcy and filed the instant lawsuit. On October 29, 2015, the above A resigned and the Plaintiff was appointed as a trustee in bankruptcy and the Plaintiff was newly appointed as a trustee in bankruptcy.