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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 1, 2015, the Plaintiff: (a) contracted the construction cost of KRW 91,00,000 for the construction of the instant land C-based housing (hereinafter referred to as “instant construction”); and (b) from October 25, 2015 to December 30, 2015, the Plaintiff agreed to pay the Defendant additional construction cost of KRW 18,200,000 for the construction cost; (c) the down payment of KRW 18,200,00 for the first portion of the construction cost; (d) the completion payment of KRW 18,20,00 for the second portion after the completion of the framework construction; and (e) the completion payment of KRW 18,20,000 for the third portion of the construction; and (e) the completion payment of KRW 9,100,000 for the fourth portion of the construction after completion of the construction; and (e) if the owner requests the additional construction work, the additional construction cost shall be paid to the other party.
(hereinafter “instant contract”). (b)
Since March 8, 2016, the Defendant started the instant construction work after consultation with the Plaintiff. At the time, the Plaintiff and the Defendant made a verbal agreement to determine the construction period and the construction cost in accordance with the terms and conditions of the pre-existing contract without newly preparing a contract agreement on the change of the construction period, and agreed to additionally pay the construction cost of KRW 1,500,000 in relation to the basic construction.
C. From October 2, 2015 to April 21, 2016, the Plaintiff paid a total of KRW 80,200,000 as the instant construction cost to the Defendant (i.e., the total amount of construction cost paid to the Defendant from October 2, 2015 to March 25, 2016 (i.e., KRW 30,000,000 won on March 11, 2016; KRW 17,000,000 on March 25, 2016; KRW 5 million on April 21, 2016); among them, the sum of the construction cost paid to the Defendant from October 2, 2015 to March 25, 2016 to the sum of the construction price paid to the Defendant (i.e., KRW 12 million, KRW 32,000,000,000,000,000).
On the other hand, the Defendant completed the structural construction among the instant construction works, and performed the finishing construction from April 1, 2016 to the Plaintiff.