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1. Of the instant lawsuit, the part of the claim in KRW 72,200 shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 35,200,000 and this.
Reasons
1. As to the part of the instant lawsuit seeking reimbursement costs of KRW 72,200, the Plaintiff sought reimbursement of the cost of demand procedure related to the instant lawsuit, but the cost of demand procedure is part of the cost of lawsuit (see Article 473(4) of the Civil Procedure Act). Thus, it is not permissible to separately claim the cost of lawsuit without resorting to the procedure for determination of the amount of litigation costs as an unlawful lawsuit lacking the benefit of lawsuit (see, e.g., Supreme Court Decision 86Meu803, Mar. 10, 1987). As such, the part of the instant lawsuit claiming the cost of demand in the instant case is unlawful as there
2. Determination as to the claim for construction cost of KRW 35.2 million among the instant lawsuit
A. According to the overall purport of Gap's evidence Nos. 1 through 7 (the defendant stated at the second date for pleading No. 6 of this Court that he would know about the content certification as to the defendant's company's seal impression at the second date for pleading, but it appears to be the same as the defendant's seal impression of the subcontract consideration direct payment agreement (Evidence No. 7)) and the whole pleadings, the defendant ordered the construction work of multi-family housing in Songpa-gu Seoul Metropolitan Government to the Dispute Resolution Co., Ltd. on October 2, 2018, and the Dispute Resolution Co., Ltd subcontracted the construction cost of KRW 35,20,000 to the plaintiff on October 3, 2018, the fact that the plaintiff agreed to pay the construction cost of this case directly to the plaintiff on Oct. 3, 2018, the defendant did not pay the construction cost of this case to the plaintiff on Oct. 15, 2019.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the construction cost of this case 35.2 million won and delay damages.
B. As to the defendant's argument, the defendant's construction cost of KRW 400 million shall be paid to the subcontractor of the Dispute Resolution D.