공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion as to the cause of claim
A. On October 23, 2017, the Plaintiff: (a) determined the construction cost of KRW 163,680,000 (including value-added tax) from the Defendant; and (b) was awarded a contract to the Songpa-gu Seoul Metropolitan Government New Building Project Co., Ltd (hereinafter “instant construction”).
B. The Defendant did not pay the intermediate payment within the period stipulated in the instant construction contract, and the Plaintiff was forced to suspend the construction work on or around December 22, 2017.
C. The construction cost that the Plaintiff invested to the site until the suspension of construction work is completed is KRW 76,680,375; KRW 17,925,60; KRW 17,600; KRW 56,300; KRW 56,30,000; and KRW 150,905,975.
Since the Defendant’s payment of the down payment and the intermediate payment is KRW 46,368,00,00, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff (i.e., KRW 150,905,975 - KRW 46,368,00) and damages for delay.
2. The appraisal procedure for the assessment of the construction cost was not implemented, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the payment for the construction work executed by the Plaintiff is KRW 150,905,975, and there is no other evidence to prove that the construction cost exceeds KRW 46,368,00 that the Defendant paid to the Plaintiff.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.