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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Construction contract 1) The Defendant is a land building corporation on January 19, 2015 (hereinafter “branch building”) and the Defendant.
B) A subcontractor contract was entered into between the Guang-si 324-4 Japan-dong 324-4, and the construction period for the civil engineering works among the 324-4 construction works in the Guang-si, Yang-dong, the construction period for the construction works from January 19, 2015 to May 31, 2016, with the construction cost of KRW 8,600,000, and the construction cost of KRW 8,600,000. The said construction contract was entered into as “the instant construction project” under the subcontract modification contract (including the modified contract) that increases the construction cost on November 20, 2015, with the construction cost of KRW 8,808,215,000, respectively.
(2) On December 3, 2015, the instant construction contract was concluded. On the same day, the instant construction contract was concluded with the Defendant and the instant construction contract was terminated. The main contents of the said construction contract are as follows.
On January 19, 2015, the date of the contract for the instant construction contract (including purchase tax and taxation portion VAT) in order to permit the construction to continue the construction on or after January 3, 2015, the following agree in giving up and settling the remaining construction after December 3, 2015.
- I - By December 03, 2015, the following amounts shall be adjusted to the following amounts, and soil shall not thereafter raise any civil or criminal objection:
(2) The Defendant already paid KRW 5,89,660,000 to 6,078,642,100 (including purchase tax and taxation amount) for the instant construction work at the time of the said construction work. (b) The Plaintiff’s seizure and collection order for the Plaintiff’s claim for the construction work of this case 1) entered into a goods supply contract with the Plaintiff to deliver KRW 5,000,000 to 3.3 billion won for the instant construction work between the land and the instant land on August 31, 2015, and made the said steel supply contract on the goods supply contract with the Plaintiff to deliver KRW 5,000,000,000 for steel products to 3.3 billion for the instant construction work.