공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff and the Defendant’s construction period from May 21, 2012 to September 15, 2012, with respect to the Ulsan-gu C Studio construction work (hereinafter “instant building”), the construction amount of KRW 270,000,000, and the construction amount of KRW 41,000,000, and the down payment of KRW 27,000,000, KRW 27,000,000, KRW 27,000,000, and KRW 27,000,000, and KRW 41,00,000,000, and KRW 54,000,000, and KRW 530,000,000 after the receipt of the completion document, and each of the parties to the instant construction contract and each of the instant construction contracts (hereinafter “instant construction contracts”) do not dispute.
After receiving the instant construction contract from the Defendant, the Plaintiff asserted that the Defendant did not pay the Plaintiff the construction cost properly, and that the Plaintiff sought payment of the unpaid construction cost of KRW 103,00,000.
The evidence evidence Nos. 2, 2, 3, 6, and 7 alone is insufficient to acknowledge that the Plaintiff completed construction in accordance with the instant construction contract, and that the Defendant’s payments not made to the Plaintiff amount to KRW 103,00,000, and there is no other evidence to acknowledge it.
Rather, according to the evidence Nos. 8 and evidence Nos. 1 through 5, the Plaintiff prepared an agreement with the Defendant on March 5, 2013, stating that “10,000,000 won shall be received with the construction progress, and the construction shall be completed until March 30, 2013, when violating the agreement, the Plaintiff waives all rights to the construction, compensates for the entire contract deposit, and bears civil and criminal responsibility.” The approval for use of the building of this case shall be made around August 14, 2013 by the Plaintiff’s agreement. Accordingly, according to the above agreement, the Plaintiff cannot assert additional rights to the construction of this case against the Defendant.