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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 December 21, 2015, the Defendant was awarded a subcontract for electrical construction (hereinafter “instant construction”) from the Handong Construction Co., Ltd., Ltd. (hereinafter “Skuakat Construction”) to KRW 335 million in the cost of construction (excluding value-added tax of KRW 335 million).
B. The Defendant, while performing the instant construction, entered into a sub-subcontract to the instant construction project (hereinafter “instant contract”) with the Plaintiff around May 2016, and the Plaintiff performed the instant construction project from that time.
C. Around December 2016, the Plaintiff completed the instant construction work.
[Ground of recognition] Facts without dispute, entry of Eul evidence No. 1 and purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that at the time of the instant contract, the Defendant promised to pay the Plaintiff the total amount of KRW 350 million, which was subcontracted for the instant construction project, and to not regard the damage to the instant construction project by paying the total amount of the construction cost if the additional construction cost occurs.
The Plaintiff invested KRW 378,126,397 in relation to the instant construction work. Since the Defendant paid KRW 18,69,000 among the wages, KRW 40,000,00 in direct payment of KRW 319,436,397 (=378,126,397-1,8690-4,000), the instant construction cost that the Defendant is obligated to pay to the Plaintiff is KRW 351,380,036 (=319,436,397, 110%) when combined with value-added tax.
However, since the Defendant paid the Plaintiff KRW 244,623,636 to the construction cost of this case, it is obligated to pay the unpaid construction cost of KRW 106,756,40 (=351,380,036-24,623,636) and damages for delay.
B. 1) Determination 1) A contract between the Plaintiff and the Defendant on the instant contract amount with the contract amount of KRW 285 million (excluding value-added tax) (No. 200 million; hereinafter “instant contract”).
A. The Plaintiff prepared the instant contract, and the Plaintiff prepared it.