The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

On July 31, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant for a new construction work of an apartment house “A” (hereinafter “instant construction work”) (hereinafter “instant construction work”) (hereinafter “instant contract”) from the Defendant. The main contents are as follows.

Contracts for Construction Works

1. Name of construction: New construction of apartment houses A with the resident registration system;

2. Construction site: At the same time, B in the case of Gyeongnam-si.

3. Date of commencement: August 1, 2012.

4. Date scheduled for completion, April 30, 2013.

5. Total floor area of 14,324.31 square meters;

6. Contract amount: The total floor area and construction cost under a special agreement with the head of 13.25 billion won shall be 14,324.31 square meters (4,33 square meters) for the total floor area of construction, and shall be applied retroactively to the case where there is any change in the authorization, permission or design.

(2) The construction cost per 3.3 square meter in total shall be KRW 3.60,000 per day.

The total investment amount of the executor and the total construction cost of the construction project shall be exceeded by not more than 3%, respectively, and the more than 3% of the total construction cost shall be handled by mutual agreement.

On November 20, 2012, the Plaintiff subcontracted the instant civil works (hereinafter “instant civil works”) to the Sejong Construction Co., Ltd. (Seoul Industrial Development Co., Ltd. on December 17, 2012) for KRW 1,350,000,00 for KRW 1,30,000.

While the Plaintiff and the Sejong Industrial Development (hereinafter collectively referred to as the “Plaintiffs”), among the instant civil works (hereinafter referred to as the “soil works, stone embankments, retaining walls, retaining walls, excellent water, sewage, waterworks, packaging and appurtenant works), the Defendant, on April 17, 2013, attached a notice to the entry into the construction site of this case, stating that “Aisfying.” On April 17, 2013 due to the on-site circumstances, he carried out equipment and vehicles from the site to the outside of the site, and subsequently the Plaintiff suspended construction.”

The Defendant paid the instant construction cost to the Plaintiff on December 7, 2012, KRW 500 million, KRW 200 million on February 7, 2013, and KRW 230 million on March 7, 2013.