1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 1, 2015, the Plaintiff engaged in construction business, etc. under the trade name of “B” entered into a subcontract contract with the Defendant to perform construction works in the part of the board (hereinafter “instant construction works”) among the “Dtel Chang Metal Construction Works” ordered by Heil Integrated Construction Co., Ltd. (hereinafter “Dtel Chang Metal”) at the contract price of KRW 74.8 million (including value-added tax; hereinafter the same shall apply).

B. The Defendant paid the Plaintiff KRW 3,00,000,000,000,000 on January 18, 2016, and KRW 10,000 on February 5, 2016, as the construction cost for the first place of payment for the first place of payment.

C. On February 2016, the Plaintiff suspended the instant construction work.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4, witness E's testimony, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion did not timely pay the payment for the completion of the instant construction works, and the Plaintiff and the Defendant agreed to settle the construction cost as KRW 27.5 million, while terminating the instant construction works.

Therefore, the defendant is obligated to pay to the plaintiff the above construction cost of KRW 27.5 million and damages for delay.

B. The testimony of the witness E and other evidence submitted in the instant case alone are insufficient to recognize the fact that the Plaintiff and the Defendant agreed to reduce the construction cost so far by setting the construction cost as KRW 27.5 million, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's claim based on this premise is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.