1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 22, 2016, the Defendant concluded with the Plaintiff an oral contract for construction works to contract the Plaintiff with respect to the creation of a site and civil construction works on the land outside the wife population B and eight parcels owned by the Defendant.

(2) The Plaintiff and the Defendant prepared a contract (Evidence 1) in the form of the instant construction site, on the ground that the contract was necessary for blasting at the construction site at the time of the instant construction contract.

The instant construction contract was terminated by agreement between the parties around April 2016, and the Plaintiff was dismissed at the construction site of this case at that time.

The defendant shall pay the plaintiff construction price of KRW 6 million on February 26, 2016, and the same year.

3. 19.3 million won, and the same year.

4. 8. 36 million won, including total of KRW 45 million, was paid by the Plaintiff, and the Plaintiff, while performing the instant construction, partly appropriated the construction cost of KRW 78.88 million, out of the construction cost.

[Based on the premise that there is no dispute, Gap evidence No. 1, the witness C (excluding the parts not trusted in the front and rear), the witness D's testimony, the allegations of the parties concerned, and the plaintiff's assertion of judgment in the construction contract of this case, while concluding the construction contract of this case, the construction contract of this case agreed to bear all the defendant's burden of KRW 2,00 per 5,00 per 25 tons of soil and sand transportation costs and soil construction costs, and 2,00 per 1 cubic meter of soil and sand for soil and sand construction costs.

The costs of soil construction incurred until the termination of the instant construction contract are KRW 53,97,164.

In addition, while performing a construction project for the removal of base rocks, transport and removal of base rocks of 1,972 and 358 for 2,330 for 10 cubic meters for each vehicle (=2,000 cubic meters for 2,330 cubic meters and x2,00 for 2,30 cubic meters).

As above, the Defendant shall pay the Plaintiff the total amount of KRW 100,597,164 (=53,997,164 won).