1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 11, 2014, the Plaintiff subcontracted the Defendant the instant subcontract for the new factories and housing construction works and the civil construction works (hereinafter collectively referred to as the “instant subcontract”). The amount of the construction cost submitted by the Defendant was KRW 76,80,000 in the written estimate for construction works, KRW 113,700,000 in the written estimate for construction works of a factory, and KRW 328,30,000 in the written estimate for construction works of a factory, and KRW 137,80,000 in the written estimate for construction works of a new house.

B. After that, the Defendant started the instant construction and completed the instant construction work on May 2015, and carried out the basic construction work among the factory construction work and the reinforced concrete construction work among the housing construction work. Around that time, the contractor notified the Plaintiff of the discontinuance of construction and the cancellation of the contract, the instant construction work was suspended by agreement among the original Defendant.

C. Meanwhile, from November 8, 2014 to April 23, 2015, the Plaintiff paid a total of KRW 90,000,000 to the Defendant as the instant construction price.

(Other, there was an additional construction work equivalent to KRW 47,823,00 in total in the process of the civil engineering work, and the construction cost was paid in 47,00,000 in total. [The ground for recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 7, Gap evidence 3-1 through 5, Gap evidence 4, 5, Gap evidence 6-1, 2, 3, Eul evidence 7-1, 2, Eul evidence 1, 2, 2, 3, Eul evidence 4-1, 5, and 6-1, 2, Eul evidence 4-2, Eul evidence 5, and Eul evidence 6-1, 5, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiff's assertion is the cause of the claim in this case, and the term of the construction in this case is merely equivalent to KRW 136,366,00 (including an additional construction work amounting to KRW 47,00,000). On the other hand, since the construction payment is already paid KRW 137,00,000 (including an additional construction work amount of KRW 47,000), the plaintiff's obligation for the construction payment against the defendant in relation to the subcontract in this case is added.