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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. On January 11, 2012, the Defendant entered into a contract for construction work (hereinafter referred to as the “instant contract”) with the Defendant to set the construction work period from January 18, 2012 to May 30, 2012 (hereinafter referred to as the “instant construction work”) with B, Seo-gu, Incheon and two parcels of land (hereinafter referred to as “B”) for the construction work that the Defendant would finally extend the construction period to July 20, 2012 upon setting the construction cost of KRW 7,69,090,000, and the construction period from January 18, 2012 to May 30, 2012 (hereinafter referred to as “instant construction work”).
(A) Evidence 1. (b)
As a result of the delay in construction work due to the failure to procure construction cost B, and the completion thereof could not be completed by the date of completion under the instant contract, the Defendant waived the profit on the contract statement submitted between B and B on July 2, 2012, and the Defendant agreed to directly execute the construction cost and profit amount with respect to the instant construction project to the subcontractor and to give consent thereto.
(A) evidence 6. (c)
On July 23, 2012, the Plaintiff, the Defendant, and E Co., Ltd. (hereinafter referred to as “E”) subcontracted metal creative construction among the instant construction works, drafted a written agreement on the payment of construction expenses (Evidence A2) as follows:
On July 18, 2012, the representative of the defendant, the Director of the Field, the partner company (witman Co., Ltd.: continental stone, T&M Co., Ltd., Gangwon-gu Co., Ltd., E, F, and two Chang Construction Co., Ltd.) attended to determine the payment of the construction cost upon consultation.
1. 500,000,000 won shall be paid by July 31, 2012;
2. The outlines prior to completion after receipt of various completion documents;
8. 500,000,000 won paid;
3. With the exception of paragraphs 1 and 2, the sales area of the 4th floor, 60% of the sales area of the 7th floor, and the terms and conditions of calculating the amount of the 7th floor: B and the defendant's contract.