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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant, which caused the Plaintiff’s claim, contracted a new construction of Bosa City C from the Bosa City Bath Management Business Office, and subcontracted the Plaintiff the “Yap PPP Construction” among the new construction works.
The plaintiff is in accordance with the direction of D, which is the defendant's field director, from February 16, 2013 to the same year.
6. After completion of the construction work by October, 10, the construction cost of KRW 30,217,00 (i.e., labor cost of KRW 9,630,000 for goods and food materials of KRW 18,087,00 for additional construction cost of KRW 2,50,000 for construction cost) was incurred. The Defendant paid only KRW 5,00,000 for the said construction cost to the Plaintiff.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 25,217,00 (i.e., KRW 30,217,000 - KRW 5,000,000) and delay damages.
2. According to the results of the fact-finding on Gap evidence Nos. 4, 5, and Eul evidence Nos. 8, and the fact-finding on the office of bathing beach management in this court, the defendant was awarded a contract from the office of bathing beach management in the amount of KRW 562,75,070 for the construction cost and constructed the new construction work under the direction of the head of the site office D, and the plaintiff again moved 18 marine pumps laid underground at the construction site.
However, the following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 3 and 1, 2, 7, and 8 of Eul (including each number), are as follows: ① the defendant subcontracted the construction cost of the machinery and equipment among the new construction works to the plaintiff on May 25, 2013 through the Taeduk Design Co., Ltd., an affiliated company, at KRW 27,500 (including value-added tax), and the plaintiff appears to have relocated 18 marine pumps laid underground as part of the said construction work to the place near the construction site. ② The defendant, as part of the said construction of the machinery and equipment, appears to have moved to the plaintiff on May 31, 2013; ② the defendant, as part of the said construction of the machinery and equipment, at the construction site: