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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The parties’ relevant Defendant Full-gun ordered the “DD Corporation” to the Jeonnam-gun, and the Defendant Company is the original recipient who received the said construction from Defendant Full-gun, and the Plaintiff was awarded a subcontractor a subcontract for the said construction of reinforced concrete (hereinafter “instant construction”) from the Defendant Company.
B. On November 1, 2017, the Defendant Company entered into a standard subcontract for construction works with respect to the Plaintiff and the instant construction works (including value-added tax of KRW 72,711,700) from November 1, 2017 to June 20, 2018. The contract amount on June 15, 2018 is KRW 912,169,170 (including value-added tax of KRW 82,924,470) and the construction period was changed from November 1, 2017 to September 30, 2018 (hereinafter “instant construction contract”).
C. Defendant Full-gun paid 841,479,320 won directly to the Plaintiff from December 7, 2017 to September 11, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant construction was completed in September 2018, and there were some parts of the non-construction due to the subsequent construction process. The construction cost of the non-construction portion is KRW 10,766,130.
Since Defendant Bodo-gun paid only KRW 841,479,320 as the construction cost, the unpaid construction cost to be paid by the Defendants upon deducting the construction cost (i.e., KRW 9,923,720) is KRW 59,923,720 (=841,479,320 - KRW 10,766,130).
The Plaintiff, at the direction of the Defendants, performed additional construction work, such as temporary installation work, mechanical failure and drain pipe installation, mentmen, etc. (hereinafter “the instant additional construction work”). The construction cost of the additional construction work is KRW 176,233,310.
The Plaintiff is from E for the instant construction and supplementary construction work.