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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. The plaintiff is a person who runs a construction business under the trade name of C, and the defendant is a company that runs a livestock products production and processing business, etc.
B. Around June 2012, the Plaintiff received a contract from the Defendant for the construction of a new land-based construction project from the Defendant, Kimcheon-si D and Kim Chang-gun E (hereinafter “instant construction project”) by setting the construction cost of KRW 4.6 billion (excluding value-added tax) and the construction period from July 1, 2012 to December 31 of the same year.
(hereinafter referred to as the “instant construction contract”), which was entered into by the Defendant, C.
The Plaintiff started the instant construction work from around that time. On October 11, 2012, the Plaintiff prepared “a written contract reversal” with the Defendant, stating that “The Defendant and the Defendant waives all of the instant construction contract on October 11, 2012, with respect to which only some parts of the construction works, such as basic civil engineering works, drainage, and electric tin works, were completed. Thereafter, both parties waives their rights. By October 11, 2012, the Plaintiff shall settle the accounts based on the details of the construction works ( consistent with the design modification (e.g., soil, drainage, and electric tin).”
[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 2, Eul 2, witness F's testimony, the whole purport of pleading
2. Judgment on the ground of the Plaintiff’s claim
A. A. The summary of the Plaintiff’s assertion (1) The Plaintiff’s design changes at the Defendant’s request during the instant construction work, and the Plaintiff’s completion of construction work until October 11, 2012 is equivalent to KRW 450,00,00. The amount of construction work paid by the Defendant and the amount of KRW 140,107,00,00, the sum of the construction work paid by the Defendant and the amount of KRW 151,62,00, and the amount of KRW 291,729,000, the sum of the construction equipment paid by the Defendant (i.e., KRW 140,107,000, + KRW 151,622,000) is deducted from the amount of KRW 162,270,000,000, the remainder of construction work paid by the Defendant (i.e., the amount of KRW 450,270,000).