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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in full view of the purport of the entire pleadings in the statement in Gap evidence Nos. 3, Eul evidence Nos. 1, 2, Eul evidence No. 3-1, 2, Eul evidence No. 4-1, 5-1, 2, Eul evidence No. 6-1, 6-2.
A. On November 29, 201, the Defendant concluded a construction contract (hereinafter referred to as the “instant construction contract”) with a company that produces and sells MDF, etc. in Seo-gu, Incheon. On November 29, 201, with respect to construction works for the extension of the Defendant’s MaDF factory located in ASEAN-si, with respect to the construction period from December 29, 201 to July 31, 2012 (the construction period was extended on four occasions to June 31, 2013) (including value-added tax) and with the construction cost of KRW 4,609,000,000 (including value-added tax).
B. The Defendant paid the construction price of KRW 3,687,20,000 in total on four occasions from January 11, 2012 to July 31, 2012, and KRW 667,293,00 in total on four occasions from August 30, 2012 to March 20, 2013.
C. Meanwhile, from May 13, 2013 to June 14, 2013 during the process of performing the said construction project, the Seogregs gave up construction work equivalent to KRW 165,185,90 in total, including “the removal of concrete parts of the wastewater treatment site,” which was not yet executed during the said construction project, and agreed with the Defendant to cancel the said abandoned part of the instant construction contract.
Ultimately, the remainder of the construction cost that the Defendant is obliged to pay to Western Land according to the instant construction contract is KRW 89,321,100 [the contract price = KRW 4,609,00,000 - the contract price of KRW 4,354,493,00 (= KRW 3,687,200,000) - the abandoned portion of the construction cost of KRW 165,185,90].
E. Meanwhile, the Plaintiff filed an application for provisional attachment of the claim against the Defendant on August 21, 2012 with the Seoul Southern District Court amounting to KRW 24,057,000, the amount claimed as Seoul Southern District Court 201, which was KRW 24,057,000.