공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 2012, the Defendant awarded a contract for the construction of a new site neighborhood living facility at KRW 600,000,000 to the Korea-U.S. construction industry corporation (hereinafter “Korea-U.S. construction industry”) for the construction of a new site and the construction of a new site and the Korea-U.S. construction industry entered into a subcontract for the Plaintiff on November 26, 2012 for the construction project at KRW 40,70,000 during the construction project.
B. Since then, the Plaintiff and the Korea-U.S. Construction Industry revised the said subcontract by adding soil strawing construction work. On February 5, 2013, the Plaintiff finally settled the construction cost of the Korea-U.S. Construction Industry and its construction cost at KRW 56.4 million, and the Plaintiff received KRW 35 million among them.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 evidence, Eul evidence 1 and 2-1, 2, Eul evidence 3-1, and the purport of the whole pleadings
2. The Plaintiff asserts that, first of all, the Defendant agreed to pay the remainder of the construction price to the Plaintiff around March 2013, and that if bank loans were made several times thereafter, the Plaintiff is obligated to pay the remainder of the subcontract price and the delay damages.
The plaintiff's above assertion is insufficient to acknowledge the plaintiff's above assertion just with the descriptions of evidence Nos. 4 and 5, evidence Nos. 6-1 through 4, evidence Nos. 6-1, 2, 3, and evidence Nos. 8-1, 2, 9, and 10, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion cannot be accepted.
Furthermore, the Plaintiff asserts that the Defendant was obligated to pay the remainder of the subcontract price of KRW 21,40,000 and the delay damages to the Plaintiff, as the Defendant directed the Plaintiff directly.
Then, there is no evidence to acknowledge the plaintiff's above assertion, and the plaintiff's above assertion cannot be accepted.
3. Accordingly, the plaintiff's claim is dismissed on the ground that it is without merit.