1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On February 2016, the Plaintiff asserted that the Defendant was awarded a contract from the Defendant for the Construction of New Housing C on the land at permanent residence (hereinafter “instant construction”) and completed construction around August 2016, and the Defendant occupied the instant construction on August 10, 2016.

Since the Defendant paid only 120 million won out of total construction cost of 224,939,320 won to the Plaintiff, the unpaid construction cost of 14 million won and damages for delay shall be paid from August 11, 2016, after moving in.

2. The Plaintiff and the Defendant did not prepare a contract for the instant construction work, and it is not clear whether the contract price was set for the construction work since each of the parties asserts the construction work price differently.

However, if the Defendant agreed to pay the construction cost of KRW 120 million, it paid the said money to the Plaintiff.

In addition, in the new construction process, the plaintiff was more likely to construct a new building than the originally agreed size and thus, it was impossible to obtain approval for use of the building.

However, there is no reason to construct the size of the building from the Plaintiff, the contractor, to the point of view that the Defendant agreed to pay the additional construction cost and demanded that the size of the building be much larger than that of the building; however, there is no evidence to clarify the amount of the additional construction cost.

As above, there is no evidence to clarify the contract price as above, and there is not sufficient evidence to acknowledge that the statement in Gap evidence No. 4 requires KRW 224,939,320 as the construction cost, and there is no other evidence to acknowledge this otherwise, the plaintiff's assertion is without merit.

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.