공사대금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 23, 2015, the Plaintiff received contracts from the Defendant for the “B Production and Installation” construction contract amounting to KRW 35 million and the contract period from May 1, 2015 to February 28, 2016.
(hereinafter “instant contract”). The Plaintiff continued construction work according to the instant contract and ceased construction work around October 26, 2015, while continuing to do so.
Around that time, the Defendant paid the Plaintiff KRW 290,857,000 as the construction cost.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4, the purport of the whole pleadings
2. As to the Plaintiff’s assertion, the Plaintiff asserted that the Plaintiff should pay the above additional construction cost to the Plaintiff, on the ground that the Defendant’s frequent demand for change of construction work and additional construction cost incurred due to defective materials, etc., as indicated in the attached Form No. 148,234,719 was incurred while the construction work was being carried out pursuant to the instant contract, and that the instant contract was implicitly terminated as it was difficult for the Defendant to directly manage the construction work due to its fault.
However, it is insufficient to acknowledge the fact that the Plaintiff incurred additional construction costs, as alleged by the Plaintiff, that was not included in the construction cost received from the Defendant until the time the Plaintiff ceased construction work pursuant to the instant contract was discontinued, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion is not accepted.