1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant (formerly changed: Shabyabya club Co., Ltd.) decided to newly build shower clubs in 32-42, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and offered a bid for the construction of soil and structures among the new construction works (hereinafter “instant construction”). On March 12, 2010, the Defendant offered the lowest price to the Plaintiff who presented it around March 12, 2010.

Accordingly, on April 15, 2010, the Plaintiff entered into a contract on the instant construction project (hereinafter “instant contract”) with the Defendant for construction period from May 1, 201 to May 30, 201, with the construction cost of KRW 14,630,00,00 (including value-added tax; hereinafter the same shall apply) and continued construction from that time.

B. The Plaintiff and the Defendant concluded a contract for modification of contract to raise only the construction amount on the same basis as the contract amount was concluded on October 27, 2010, respectively, and on February 1, 2011, the construction amount was changed to KRW 16,121,60,000.

C. After that, the Plaintiff and the Defendant agreed to extend the construction completion date to June 20, 201 on the grounds of frequent rain around May 20, 201, etc., and the Plaintiff completed the instant construction work up to 97.56% by May 31, 201.

On the other hand, in relation to the payment of the construction cost, the Plaintiff and the Defendant agreed that the Defendant shall pay the payment on July 30, 201 to the Defendant on the 30th day of the following month, and the Defendant shall pay the Plaintiff the amount of the claim to the Plaintiff from July 30, 2010 to June 30, 201, and the total amount of the payment is KRW 15,629,00,000.

E. According to the court’s appraisal results, construction cost for earth and sand based on the basis of calculation of the instant contract is KRW 16,843,371,73. If construction cost for earth and sand based on the contract price is calculated based on the unit price of the instant contract, the bid price ratio of KRW 8,909,847,722 is approximately 52.9% (=8,909,847,722 ±16,843,71,733). The Plaintiff’s statement on the calculation of the unit price for earth and sand submitted.