공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 28, 2013, the Defendant concluded a contract for the new construction of housing (hereinafter “instant construction contract”) with the Plaintiff, setting the construction cost of KRW 72,00,000 between the Plaintiff and the Plaintiff, to build housing on the ground of the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.
B. On September 3, 2013, according to the instant construction contract, the Plaintiff completed a single-story house of 98.26 square meters in size (hereinafter “instant house”). Under the instant construction contract, the Defendant paid the Plaintiff KRW 20,000,000 on April 25, 2013; and KRW 20,000,000 on May 28, 2013; and KRW 20,000,000 on July 3, 2013; and KRW 3,00,000,00 on June 4, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8-1 to 9, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that ① the Defendant did not pay KRW 12,00,000 out of the construction price of the instant case to the Plaintiff; ② there was an additional construction agreement between the Plaintiff and the Defendant to reconstruct the roof and bathing room construction work and to purchase and install bathing room fixtures, etc.; and the Defendant is obligated to pay KRW 3,00,000,000 paid to the Plaintiff out of KRW 5,006,000 from the additional construction price to the Plaintiff upon completing the obligation under the agreement; ③ the Defendant unilaterally suspended the construction work for 56 days after the completion of the construction work of the instant case, and thus, the Defendant delayed the payment of the construction price for 4,032,000 won under the construction contract of the instant case (i.e., one day 72,000 won x 56 days) and delay damages.
B. The defendant's assertion has already paid 63,00,000 won to the plaintiff as the construction price of this case. There was no additional construction agreement between the plaintiff and the defendant, and there was a defect in the construction of this case, and there was no additional construction agreement between the plaintiff and the defendant, and there was a defect in the construction of this case, which offsets the above unpaid construction price by damages claim equivalent to 11,143,000 won in lieu