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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 27, 2014, the Plaintiff: (a) was awarded a contract with the Defendant for the new construction of “D gas station” located in Gyeyang-gu Seoul (hereinafter “instant construction”); (b) the construction cost of KRW 668,00,000 (in addition to value-added tax, value-added tax, value-added tax, KRW 743,80,000), the construction period from September 27, 2014 to December 30, 2014; (c) the contract amount of KRW 1/1,000 of the daily contract amount per delay penalty; (d) the contract amount was paid by dividing the down payment by 20%; (d) the first and second progress payment; (e) the second progress payment; and (e) the remainder paid within 30 days after completion; and (e) the remainder was paid.
(hereinafter “instant contract”). (b)
The Plaintiff was paid KRW 640,575,470 as the construction price of the instant case by the Defendant.
C. The instant construction was completed on August 26, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion ① completed the instant construction. ② At the Defendant’s request, the Plaintiff paid additional construction worth KRW 7,355,000, not included in the instant contract ( KRW 1/2,355,000, KRW 650,000, KRW 6500,000, KRW 1/2,000, KRW 3555,000, KRW 600,000, KRW 3500,000, KRW 6500,000, KRW 3,000,000, and KRW 650,000,000, KRW 650,00,000, KRW 3,000,000, in the process of paying the principal by subrogation, the Defendant did not pay the principal under the name of the Plaintiff around May 22, 2015, KRW 50,000 in the name of the Industrial Bank of Korea, around October 24, 2015).
Therefore, the Defendant is obligated to pay to the Plaintiff the unpaid construction remainder amount of KRW 110,579,530 [=751,15,00 won + KRW 743,80,000 + KRW 7,355,00) - KRW 640,575,470], the said subrogated amount of KRW 1,117,493, a total of KRW 111,697,023 (=110,579,530 won), and delay damages therefrom.
B. The unpaid construction balance 110,579.