1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 27, 2017, the Plaintiff and the Defendant entered into a contract with the owner to determine the construction cost of reinforced concrete building among the construction works for the construction of the instant aggregate building in Yeongdeungpo-gu Seoul Metropolitan Government-gu Office-based Office Office-based officetels (hereinafter “instant aggregate construction”) as KRW 47 million for construction cost (including value-added tax) and to accept such contract.

B. On December 19, 2017, the Plaintiff entered into a contract with the Defendant to accept a subcontract by setting the machinery and equipment works among the construction works of the instant officetel building (hereinafter “instant installation works”) as construction cost of KRW 147,400,000 (including value-added tax).

C. On February 28, 2018, the Plaintiff agreed with the Defendant to adjust the structural construction of this case and the installation work of this case, and drafted a written waiver of the construction (Evidence B).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff 1’s assertion that the Plaintiff performed the instant structural construction was supplied with steel bars equivalent to KRW 40,584,500 from G that was operated by F while performing the instant structural construction. The Plaintiff claimed construction cost to the Plaintiff for KRW 5,555,038 from G that was sub-subcontracted for the instant structural construction.

However, the defendant unilaterally demanded the termination of the contract without paying the down payment to the plaintiff, and only agreed to the termination of the contract but paid the price of the goods.

According to the letter of waiver of construction works, the defendant shall pay in cash within 10 days after the agreement on the actual settlement amount was reached. According to the plaintiff's calculation, the total construction amount at the time of settlement is about 95 million won.

Therefore, the defendant shall pay the plaintiff KRW 40,584,50 and the facility cost of KRW 5,555,038 on November 2018.