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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of premise;
A. (1) On October 9, 2012, the Defendant concluded the instant contract (hereinafter “instant contract”). On October 9, 2012, the instant contract and agreement (hereinafter “the instant contract”) set the construction period as KRW 250,00,000 of the construction cost on October 9, 2012 to Ethical Design Co., Ltd. (hereinafter “Ethical Design”).
The contracting corporation did not complete the project by the deadline, and the plan for the resolution of the dispute resolution committee was prepared and delivered to the Defendant on February 16, 2013, a written confirmation that “the completion of the entire construction work by March 10, 2013,” to the Defendant.
On the other hand, on February 18, 2013, a written agreement was prepared to the effect that “The additional Corporation is not recognized after the date of settlement, and the construction cost for the remaining construction after the date of settlement shall be KRW 71,180,000 ($30,000 + the balance KRW 41,180,000 after completion of the construction)”.
Applicant The confirmation of the above agreement is 46,180,000 won in total (=71,180,000 won-25,000,000 won in total) in the part that is recognized as additional construction (including the enforcement part and the part that is enforced, and see the following table).
Around the date of the conclusion of the above agreement, the Defendant paid an intermediate payment of KRW 30,00,000,000 in total 10,000,000 won 18,000,000,000 won - 11,730,000 won - 19,010,000 won - 46,180,000 won by mistake in calculation of KRW 46,180,00,000,000,000, which is 46,180,000,000,000 in total, excluded from the existing construction, such as Earcomer’s external stove boiler Mebher Mecher Mecher, and the Defendant paid KRW 30,00,00,00 to the intermediate payment settlement plan, which was promised to do so by March 10, 2013, and completed the remaining construction work by the Defendant directly contracted to a third party.
B. (1) On November 25, 2013, the dispute settlement agreement in this case filed with the Plaintiff a claim for construction cost related to the said contract and filed with the Plaintiff, and the amount of KRW 90,000,000, out of which is equivalent to the Plaintiff’s sewage supply.