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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 20, 2015, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) under which the construction of the instant building D neighborhood living facilities located in Seo-gu, Seo-gu, Seo-gu (hereinafter “instant building”) (hereinafter “instant construction”) KRW 1.56 million for the construction cost (hereinafter “instant construction project”) and KRW 1.375 million for the additional construction cost, and each value-added tax is changed to add the additional construction cost to KRW 13.75 million, and on October 25, 2015 for the completion date (hereinafter “instant contract”).
According to the instant contract, the Defendant paid to the Plaintiff the remainder of KRW 156 million within seven days after the contract was concluded, and the intermediate payment of KRW 1.248 million within seven days after the completion of the construction work, the remainder of KRW 156 million shall be paid within seven days after the completion of the construction work, and each new building shall be paid directly to the Plaintiff’s account at the bank as security, and the rate of liquidated damages was set at 1/100.
B. Around November 9, 2015, the Plaintiff filed an application for approval of the use of the instant building, and the head of Seoan-si, Seoan-si, the head of Seoan-si, on December 1, 2015, approved the use of the instant building.
On the other hand, around November 10, 2015, Defendant A occupied the instant building, and completed the construction process on November 16, 2015.
C. The Plaintiff received payment of KRW 2 billion from the bank as the instant construction cost from May 6, 2015 to December 31, 2015 (the construction cost of KRW 1.8772 billion and value-added tax of KRW 1872 million).
On December 31, 2015, the Plaintiff paid KRW 26250,000 to Defendant C, and KRW 18,060,000 to Defendant C through E and F on February 5, 2016.
The Plaintiff, including that, from May 2015 to January 2016, through a third party, paid approximately KRW 39,8270,000 to Defendant C several times.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1, 2, 3, 4, and 7, the purport of the whole pleadings
2. Summary of the parties' arguments
A. Defendant C demanded that the Plaintiff pay KRW 40,000,000 to the Plaintiff under the pretext of the reservation of construction relations, etc.