청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 2013, the Plaintiff entered into a contract for the construction of a new neighborhood living facility on the ground, including D, the Defendant, and Seo-gu, Busan (hereinafter “instant construction”) with the construction cost of KRW 160 million (including value-added tax) and the completion date of the completion of the construction project on September 30, 2013.
B. The Plaintiff received payment of KRW 124 million in total, including the construction cost of KRW 6 million on June 25, 2013, KRW 50 million on July 1, 2013, KRW 60 million on August 6, 2016, and KRW 7 million on September 16, 2016.
C. Even after September 30, 2013, the completion date of the instant construction project was not completed, the Plaintiff, on December 23, 2013, received KRW 124 million out of the construction cost for the instant construction project from the Defendant, the actual owner, and on September 2013, the Plaintiff decided to complete the construction by the end of September, 2013, but the Plaintiff’s construction was suspended until February 28, 2014 due to the Plaintiff’s reason, and the Plaintiff is unable to complete the construction by February 28, 2014, the notarial deed hereinafter referred to as the “notarial deed” of the notary public C’s completion date.
d. Approval for use of new buildings was made on May 23, 2014. [The entry in Evidence A Nos. 1, 2, and 2, and 4, respectively, and the purport of the whole pleadings, as a whole.
2. During the construction of the Plaintiff’s assertion, the construction was delayed due to the mistake of F, a subcontractor.
The defendant is doubtful that the construction work price paid D from D, the owner of the building, was delayed because the defendant deducteds the owner of the building, and the F cannot obtain notarial deeds on the responsibility of delay in the construction, and requested the F to prepare a formal notarial deed to show D.
At the end of the construction, this case's notarial deed was prepared as it belongs to the defendant's false statement that he will not be held legally responsible when the construction is completed.
Even if the notarial deed of this case is effective, the completion is delayed.