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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 29, 2011, the Defendant supplied “C Development Project” (hereinafter “instant construction”) to the total construction cost of KRW 1,268,056,140 (hereinafter “the first construction cost”). The instant construction project was scheduled to be implemented by maritime construction.
B. On January 2012, the Plaintiff and the Defendant subcontracted the instant construction work to the Plaintiff without any change in the design, paid 67% of the construction cost, excluding various expenses, such as value-added tax, industrial accident compensation insurance, employment insurance, and retirement pension, out of the construction cost, to the Plaintiff, and agreed to pay 77% of the increased construction cost, excluding value-added tax and the above cost, to the Plaintiff.
C. Around March 2012, the Plaintiff registered as a director of the Defendant and started the instant construction work under the name of the Defendant. On September 6, 2012, the design of the instant construction work was changed, such as the change of maritime construction to land construction, and the construction cost was increased to KRW 72,48,860, and the total construction cost was increased to KRW 1,340,505,000. As the design of the instant construction work was changed on November 9, 2012, the construction cost was increased to KRW 51,773,00, and the total construction cost was increased to KRW 1,392,278,000, and the construction cost became KRW 1,39,602,600,000 as the design of the instant construction work was changed to land construction work. As the construction cost was changed to the design of the instant construction work on May 1, 2013, the total construction cost became KRW 1,401,800.
On February 8, 2013, the Plaintiff suspended the instant construction. The Defendant paid KRW 840,673,118 to the Plaintiff until the Plaintiff’s discontinuance of construction. The Defendant subcontracted the remainder of the instant construction to D and completed the instant construction on May 10, 2013.
E. On March 23, 2012, the Defendant paid 310,000,000 won as advance payment of the instant construction works from Gangnam-si, and on September 10, 2012, 409,579,250 won as progress payment of the instant construction works, and on September 25, 2012.