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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 entered into a subcontract with the limited liability company G on July 16, 2015, when he/she was awarded a contract for the new construction of the building on three parcels, including Chungcheongnam-gun, Chungcheongnam-gun, and the building on three parcels of land (hereinafter referred to as “Fri Corporation”). Upon completion of the construction, he/she obtained approval for use of the building on April 14, 2016. ② The Defendant entered into a subcontract with the limited liability company G on October 3, 2015 for the new construction of the building on three parcels of land (hereinafter referred to as “K construction”) from Chungcheongnam-gun, Chungcheongnam-gun, and Chungcheongnam-gun, and obtained approval for use of the building on July 5, 2016 after completion of the construction.
In addition, on August 28, 2015, the Defendant concluded a contract with L for the construction of a new building in Chungcheongnam-nam Budget-gun M (hereinafter “M construction”) and completed the construction, and obtained approval for the use of the building on March 21, 2016.
The Plaintiff was paid KRW 16,000,000 in relation to K construction, and KRW 20,000 in relation to M construction, from the Defendant or the owner of the construction. The Plaintiff was paid KRW 20,00,000 in relation to M construction.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 2, 3, Eul evidence 1 to 7 (including branch numbers), the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion: (a) the Plaintiff completed the construction work by subcontracting the construction work cost of KRW 30,00,000 among M M works; (b) the Plaintiff provided labor by subcontracting each ancillary civil construction work among Fri, M and Kri Construction; and (c) incurred a claim amounting to KRW 63,100,000 in labor cost against the Defendant; (c) the Defendant paid the Plaintiff totaling KRW 47,00,000 in relation to each of the above construction works; and (d) the Defendant is obliged to pay the Plaintiff the remainder of the wage or the construction cost of KRW 46,100,000 in compensation for delay.
3. In full view of the respective descriptions of Gap evidence Nos. 2, 3, and Eul evidence Nos. 5 through 7 and the purport of the whole pleadings, the plaintiff raised objection.