공사대금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a person engaged in the construction machinery rental business, etc., and the Defendant is a person engaged in agriculture in light of Busan Metropolitan City C, etc.
B. On January 27, 2016, the Defendant awarded a contract to the Plaintiff for filling up the construction cost of KRW 10,000,000 for the creation of excellent farmland with respect to 20,030 square meters of the said Gyeongsan-si, Busan-si.
Until February 5, 2016, the Plaintiff performed the required banking work.
[Ground] Facts without dispute, entry of Gap evidence No. 1, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The plaintiff asserts that the plaintiff should pay the agreed construction cost of KRW 10,000,000,000 as the plaintiff completed the embanking work in this case.
In regard to this, the defendant, at the time of the contract, demanded the above C to fill up earth with a good soil that did not go into the land, and the plaintiff also accepted it, but the plaintiff could not properly fill up the farming house by making up the good soil that was taken into consideration, and therefore, the plaintiff cannot respond to the plaintiff's request.
B. According to the evidence seen earlier, the Plaintiff is deemed to have created high quality farmland available to high-frequency farmers in the above C land. We examine whether the Plaintiff created such high quality farmland.
In light of the evidence Nos. 2, 3-1 through 13, the results of the on-site inspection by this court, etc., it is insufficient to recognize that each of the images of Nos. 4-1 through 4, 5-1 through 10, 13-1 through 7 submitted by the Plaintiff to the Health Team, etc., was created with the quality farmland, and there is no other evidence to acknowledge it.
As long as the excellent farmland has not been created, it cannot be deemed that the Plaintiff’s filling work of this case has been completed, the Plaintiff’s assertion seeking the payment of construction cost following the completion of banking work is without merit.
3. Judgment on a counterclaim
A. The defendant's summary of the defendant's assertion is as follows C.