공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant contracted the construction of an urban-type residential housing unit C in Gunpo-si to D.
B. D renounced the above construction around May 21, 2012.
[Reasons for Recognition] Unsatisfy, Gap evidence 9, the purport of the whole pleadings
2. The plaintiff's assertion
A. On July 201, 201, the Plaintiff entered into a subcontract and entered into construction works with the cost of construction KRW 60,000,000 among D and the said new construction works.
Afterward, the construction has been suspended, which was settled at the time. 24,750,000 won.
B. D waived the construction work, and the Defendant carried out the new construction work directly.
On May 26, 2012, the Defendant contracted the Plaintiff the price of KRW 15,380,000 for miscellaneous and glass works, and KRW 4,300,000 for miscellaneous and glass works around June 19, 2012.
C. Around June 1, 2012, the Defendant did not pay the remainder of the construction cost that paid KRW 5,000,000 to the Plaintiff, among the construction cost directly managed by the Plaintiff, and did not pay KRW 24,750,000.
From July 8, 2012, the Plaintiff was exercising the right of retention by installing locking devices in the above living house entrance and the 27 studio. However, around August 2012, the Defendant deprived of the Plaintiff’s possession and obstructed the exercise of the right of retention by neglecting the locking device from the Plaintiff’s possession.
E. Therefore, the Defendant is obligated to pay the Plaintiff KRW 39,430,000, totaling KRW 14,680,000, and KRW 24,750,000, as compensation for damages for interference with the exercise of lien.
3. Determination
A. The sole descriptions of Gap evidence Nos. 5 and 8 alone are insufficient to recognize that Eul subcontracted the plaintiff with the construction cost of KRW 60,000,000, and there is no other evidence to prove otherwise.
In addition, there is no evidence to acknowledge the fact that the plaintiff's height of construction work is KRW 24,750,000.
On the other hand, according to the statement of Gap evidence No. 9 (Cancellation of Construction Work), D gives up the construction work, and D gives the outstanding amount to the subcontractor.