1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is a housing business operator.

B. On April 30, 2014, the Plaintiff entered into a new housing construction contract with the Defendant on September 2, 2014, and the construction cost of which is KRW 538,739,00 (excluding surtax) (hereinafter “instant contract”).

C. On June 18, 2014, the Plaintiff and the Defendant drafted a contract by changing the method of payment of the construction cost under the instant contract to the effect that “in principle, the construction cost shall be paid in accordance with the process, but if necessary, prior payment may be made.”

This Agreement only states that the construction cost is KRW 538,739,000, and did not state any additional tax.

The Plaintiff did not complete the contracted construction work under the instant contract (hereinafter referred to as the “instant construction work”) and did not complete the instant construction work on or after December 2014.

E. On February 2015, the Defendant ordered B, among the instant construction works, the remainder of the construction work that was not completed by the Plaintiff.

F. B from February 2015 to July 2015, the remainder of the instant construction project was issued by the Defendant on July 9, 2015.

G. As to the instant construction work, the Plaintiff received KRW 530,00,000 from the Defendant, and received KRW 24,400,000, out of the construction cost of the instant construction work, by the Defendant instead of the Plaintiff, directly pays to the other. The sum of KRW 554,40,000 is KRW 554,40,000.

[Reasons for Recognition] Unsatisfy, Gap evidence 3-1, Eul evidence 1, 2, 3, 5 through 8, Eul evidence 4-1 through 5, and the purport of the whole pleadings

2. The plaintiff's grounds for the claim are sold.

A. The Plaintiff’s assertion 1 of the parties asserted that the instant construction was completed, and the amount calculated by adding the total construction cost of KRW 538,739,000 to KRW 30,000,00 under the contract is entitled to additionally claim the construction cost of KRW 70,721,260, different from the contract.