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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 46,044.
Reasons
1. Basic facts
A. On September 21, 2015, the Plaintiff entered into a construction contract with the Defendant for a contract with the content that the contract amount is KRW 600,000,000 of the contract amount and the construction period is determined from September 21, 15 to February 26, 15 (hereinafter “instant contract for construction project”), and subsequently completed the said construction work.
B. On March 14, 2016, the Plaintiff entered into a construction contract (hereinafter “instant two construction contract”) with the Defendant under which the contract was concluded on March 22, 2016, setting the contract amount of KRW 750,000,000,000 and the construction period of the multi-unit housing complex construction project for one parcel of land, other than the Defendant, as the contract amounting to KRW 75,00,000,000, and on March 22, 16 through August 31, 16.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings
2. As to the assertion and judgment on the principal claim
A. The Plaintiff filed a claim for additional construction cost of KRW 64,00,00 with the Defendant’s demand, which had not been agreed upon during the construction work under the instant construction contract. The Plaintiff asserted that ① the 6th floor heating, gas facility additional construction cost of KRW 4.5 million (construction cost of KRW 4.5 million); ② the windows; ② the additional construction cost of KRW 5,269,00 (construction cost of KRW 5,269,00); ③ the expansion of 4,55,60 (construction cost of KRW 29,50), ④ the additional construction cost of KRW 5,60 (construction cost of KRW 1.8 million); ⑤ the design, supervision, personal construction cost, etc. of KRW 64,069 (total construction cost of KRW 23,00), and the Defendant asserted that the construction cost of the above assertion was all the first agreed upon; and there was no further assertion or proof that each of the above construction cost of the Plaintiff did not constitute the aforementioned construction work.
B. The plaintiff 1 entered into the instant two construction contract and started to perform the removal work, and the defendant unilaterally excluded the plaintiff from the construction work and entrusted the construction work to another company.