공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On April 13, 2014, the Plaintiff entered into a contract with the Defendant for the new construction of a multi-family house on the ground C in Gyeonggi-gun (hereinafter “instant construction”) with the construction cost of KRW 580 million and the construction period from April 10, 2014 to September 10, 2014. The main contents of “the method and method of paying the construction cost” are as follows.
-pre-payment (materials and Order Costs): 116 million won: Payment at the time of the contract - Construction Costs: Claim for documents in accordance with the progress of the construction project (main process): The remainder shall be claimed at the time of completion of the construction project; however, on October 4, 2014, the Plaintiff prepared a written agreement with the Defendant stating that “The Plaintiff will complete the instant construction project by October 20, 2014,” “The Defendant and the Plaintiff,” on November 22, 2014, shall conclude the balance attached within 10 days to 14 days to 10 days to 14 days and receive the balance from the Defendant;
On November 27, 2014, the Plaintiff sent to the Defendant, “On November 27, 2014, the Plaintiff sent a content-certified mail, stating that “The instant construction contract will be terminated at the time the instant construction contract is not completed by December 7, 2014,” provided that “The Plaintiff shall pay the additional construction cost following the design change, pay the tax to be collected on behalf of the Defendant, and shall not implement the agreement on November 22, 2014, unless the instant construction is publicly notified that it is directly managed by the Defendant.”
Since then, the plaintiff discontinued the construction of this case, the defendant completed the construction of this case at his own expense.
Meanwhile, from April 14, 2014 to October 15, 2014, the Defendant paid a total of KRW 495 million to the Plaintiff as the instant construction cost.
【In the absence of dispute, Gap 1-4 evidence, Eul 1, 2, 3, 6-8 evidence, respectively.