공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Around April 2018, the Plaintiff entered into a construction contract with the Defendant, and the Plaintiff entered into a construction contract with the content that the Plaintiff executes the construction cost of KRW 99,00,000,00 of the construction cost of the 30-type detached houses on the ground of the D
(2) Under the contract of this case, the Defendant shall pay the Plaintiff the construction cost of KRW 20,00,000 at the time of the contract, KRW 20,000 at the time of commencement of the basic construction work, KRW 30,00,000 at the time of arrival of materials inside and outside of Korea, and KRW 29,00,000 at the time of completion of construction.
B. The Plaintiff, while continuing construction work under the instant contract, suspended the construction work without completion.
C. From April 19, 2018 to July 10, 2018, the Defendant paid KRW 59,000,000 to the Plaintiff out of the construction price under the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The Plaintiff asserted that the construction work was discontinued because the Defendant did not pay the construction cost at the completion of the construction work, even though the Plaintiff faithfully performed the construction work under the instant contract.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 40,000,000 and the delay damages.
3. According to the above facts of recognition, the Plaintiff suspended construction without completion of construction work under the instant contract, and received approximately KRW 59,59,000,000, out of the construction cost of KRW 99,000,000 from the Defendant.
The evidence presented by the Plaintiff alone that the Plaintiff completed construction under the instant contract.
It is not sufficient to recognize the fact that the construction works performed by the Plaintiff or the Plaintiff until the discontinuance of the construction works exceed the above 59.59% of the total construction works, and there is no other evidence to acknowledge
The plaintiff's above assertion is without merit.
4. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.