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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Name of basic facts: The expected date of completion of the kindergarten extension work on November 27, 2012: the contract amount on February 26, 2013: KRW 10,000 (including value-added tax, KRW 00,000,000 won for original contract amount: KRW 00,000,000 won for original contract amount: KRW 1,100,000 won for initial contract amount: KRW 0,000: construction type - construction, warranty bond rate: 3% for defects, and liability period for delay for two years: 1/100;
A. On November 21, 2012, the Plaintiff entered into a contract with the Defendant for a supply of and demand for the extension of a building on land B in Busan Metropolitan City (hereinafter “instant primary contract”) and its construction accordingly (hereinafter “instant primary contract”). The main contents are as follows.
B. On December 11, 2012, the Plaintiff and the Defendant concluded an additional construction contract for the portion of the third floor that was not included in the instant primary construction (hereinafter “instant secondary construction contract”), and the construction cost therefrom is KRW 80,000,000.
C. In addition, the Plaintiff followed the instant 1 and 2 construction work (hereinafter “instant 3rd construction work”); and the Defendant obtained approval for the use of the instant extended construction from the head of the Shipping Team on July 30, 2013.
The construction cost that the Defendant paid to the Plaintiff in relation to the instant contract is KRW 175,00,000 in total, and on November 26, 2013, the Plaintiff deposited KRW 58,456,880 in the name of the Corporation as the depositee in Changwon District Court was 2013, the Changwon District Court was 201, 651, 201.
E. On the other hand, on September 9, 2013, the Plaintiff transferred KRW 45,000,000, out of the construction cost under each of the instant construction works, to Thai Construction Co., Ltd., and notified the Defendant of the fact of transfer of each of the construction cost claims.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 17, and 18 shall include the number, hereinafter.