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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On October 28, 2015, C Co., Ltd. (hereinafter referred to as “C”) awarded a contract to F Co., Ltd. with the construction cost of KRW 14.3 billion and the construction period from November 1, 2015 to October 31, 2016, which was determined as the contract price, and the F Co., Ltd has awarded a subcontract to F Co., Ltd. on November 24, 2015, with the term “C” (hereinafter referred to as “F Co., Ltd.”) of the said new construction work as the construction cost of KRW 3.96 billion and the construction period, from November 24, 2015 to August 31, 2016.
B. On July 7, 2016, the Defendant re-subcontracted the Plaintiff during the construction period from July 15, 2016 to August 25, 2016, for the construction price of stone (including additional tax).
According to the contract made at this time, the warranty period is two years, and Article 24 (Defect Security) (2) provides that "the plaintiff shall repair any defect caused by the plaintiff during the warranty period stipulated in the contract from the date of completion of the completion inspection."
C. On November 14, 2016, the Plaintiff drafted a settlement agreement with G, which is the Defendant’s site director (hereinafter “instant settlement agreement”), stating as follows: “The construction period from June 1, 2016 to September 30, 2016”; “The contract amount of KRW 724,00,000”; “Additional settlement amount of KRW 75,000,000”; and “I swear agree on the said amount under mutual agreement.”
After formulating the instant settlement agreement, the Defendant: (a) paid the Plaintiff KRW 20,000,00 on November 15, 2016; (b) KRW 20,000,000 on December 2, 2016; (c) KRW 10,000,000 on January 5, 2017; (d) KRW 10,000,000 on January 24, 2017; and (e) KRW 10,000 on April 10, 207; and (e) KRW 10,000,000 on April 20, 200; and (e) KRW 15,00,000 on May 31, 2017; and (e) KRW 839,839,840,00 on July 6, 2017; and (e) did not pay the Plaintiff the additional amount to KRW 30,010 on October 10.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings
2. Determination
A. Determination on the cause of the claim