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The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 1, 2017, the Plaintiff entered into a contract with the Defendant for a construction project with the cost of construction KRW 136 million (including value-added tax) as to the C Creation Project contracted by the North-gu Busan Metropolitan Government Office on November 1, 2017, and the subcontract with the construction period from November 2017 to June 2018 (hereinafter “instant construction contract”). Accordingly, the Plaintiff agreed to KRW 183.5 million (including value-added tax) with the cost of construction increased by KRW 47.5 million.
B. At the time of the instant construction contract, the Plaintiff and the Defendant concluded a material supply contract, etc. necessary for the instant construction project under the name of the Defendant as if the Defendant directly performed the instant construction project, and paid the price directly to the supplier, etc., and agreed to pay the Plaintiff the remainder after deducting the construction cost directly paid by the Defendant from the construction cost of KRW 183.5 million (hereinafter “instant agreement”).
C. On November 7, 2017, the Plaintiff commenced the instant construction and completed it on or around June 18, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 1, 2, 5, and 7, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff’s construction cost incurred by the Defendant in relation to the instant construction project pursuant to the instant agreement is KRW 170,478,150 in total. As such, the Defendant is obligated to pay the Plaintiff the remainder of KRW 13,021,850 out of the construction cost (i.e., KRW 188,350,000 - KRW 170,478,150). The Defendant’s assertion 2) In addition to the above KRW 170,478,150, the Defendant paid value-added tax on the instant construction cost in addition to KRW 170,478,470, and KRW 4,344,980, and KRW 472,20,00 of the retirement pension premium and employment insurance premium of workers, KRW 5,013,423, and KRW 1200,000,000 among the resubcontract payments to E corporation, the construction price additionally shall be paid.