1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On April 2014, Plaintiff D awarded a contract for the construction of the instant building in an amount of KRW 357.6 million to the Defendant in order to construct a three-story building on the land of 307 square meters in Geumcheon-gu, Seoul Special Metropolitan City (hereinafter “instant building”). The Defendant subcontracted to the Defendant A (hereinafter “Plaintiff”) the remainder of the construction works excluding the crinks, stuffs, elevators, sanitary equipment, etc. among the construction works of the instant building, except for the instant construction works, which were consolidated into and dissolved as of February 19, 2016, since the Plaintiff and the Plaintiff were dissolved as of February 19, 2016).

(hereinafter) After the contract entered into between the Plaintiff and the Defendant, D and the Defendant demanded additional construction works to the Plaintiff, and the Plaintiff performed additional construction works as required, and received KRW 17.2 million for the additional construction payment from D.

On the other hand, notwithstanding the above subcontract, the defendant wanted to directly perform the typry, sanitation apparatus, windows, glass, miscellaneous, landscaping, cleaning, etc. among the buildings in this case, and the construction amount for the part directly constructed by the defendant shall be 63,405,553 won.

On September 2014, the Plaintiff completed the construction on the remainder except the part directly executed by the Defendant.

D Until October 7, 2014, the Defendant paid the total amount of KRW 380,61.60 million to the Defendant, which is the sum of KRW 35,760,000,000 as agreed upon between the Defendant and D, plus KRW 17,253,598,000,000,000 for the additional construction work paid by the Plaintiff, and KRW 11,306,300,000 for the additional construction work paid by the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the agreed construction cost of KRW 304,50,00 (i) KRW 350,700,000 as stated in the contract agreement between D and the Defendant; ② Additional construction cost of KRW 17,200,00; ③ the Defendant directly executed the construction cost of KRW 63,405,553), and the remainder of KRW 104,494,447 shall be paid by September 4, 2014.