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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. A. Around August 2013, the Plaintiff entered into a construction contract with the Defendant to construct the Plaintiff, such as laying a fume, setting a fume, etc. on the 2,704 square meters of Sejong-si B (hereinafter “instant land”) owned by the Defendant (However, there is dispute between the Plaintiff and the Defendant as to the specific content thereof; hereinafter “instant construction contract”).
B. On August 14, 2013, the Defendant paid KRW 5 million to the Plaintiff as the construction cost of the instant construction contract.
C. On the other hand, around May 12, 2014, the Defendant entered into a construction contract with the State Development Co., Ltd. (hereinafter “State Development”), and the State Development entered into a construction contract with the content that the State shall install a stone shed on the instant land and perform civil construction works.
Accordingly, the Jeju Development completed the construction work under the above construction contract between around that time and May 28, 2014, and the defendant paid KRW 31 million as the construction price for the development project around May 29, 2014.
[Ground] The Plaintiff’s assertion as to the purport of the whole argument and arguments by the parties, as to the facts without dispute, Eul’s statement or video, Eul’s statement or video, and evidence Nos. 6, 11, 14, and 21 (including serial numbers), and the purport of the whole argument, the Defendant explicitly not set the construction cost of the instant construction contract, but agreed to set the general construction cost ordinarily required for the Plaintiff’s construction work performed by the Plaintiff as its construction cost. (ii) The construction cost that the Plaintiff implemented under the instant construction contract was KRW 41,740,00 in total as shown in the attached Table of “Contents of the Plaintiff’s Claim”. Of them, if the construction cost paid by the Defendant is deducted from KRW 5,00,00, the remainder is KRW 36,740,000.
3) Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 36,740,00,000, and damages for delay thereof. The Defendant’s assertion 1) The content of the instant construction contract is that the Plaintiff installs a fume pipe on the instant land and embling the instant land.