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1. The defendant shall pay to the plaintiff KRW 41,326,064.
2. The plaintiff's remaining claims are dismissed.
3. Of the costs of lawsuit.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 5, 8, 9, 13, 14 (including paper numbers), Eul evidence Nos. 13, 15, 18, 19, 20 and the entire purport of the pleadings.
On February 13, 2015, the Plaintiff contracted the removal work to KRW 44,00,00 (including value-added tax) at the place of New Technology Co., Ltd. on March 3, 2015, and suspended the construction work on March 3, 2015 without completing the construction work on the first-come-served basis.
(hereinafter the above removal works are referred to as the “instant removal works”). B.
The Plaintiff entered into a contract with the Defendant on the condition that the construction cost was not determined for the instant demolition work for the purpose of being awarded a contract for new construction works on the land above B. However, on April 15, 2015, the Defendant notified the Plaintiff of the fact that the price for new construction works offered by the Plaintiff is higher than the amount provided by other companies, and that the construction contract cannot be entered into for that amount. Since the agreement between the Plaintiff and the Defendant on the conclusion of new construction contracts was not reached, the new construction contract was not entered into.
C. On May 19, 2015, the Plaintiff filed a claim with the Defendant for payment of KRW 52,00,000,000, including the cost of the removal of this case’s construction, and KRW 8,000,000, including the cost of the removal of this case’s wall installation, to the Defendant for payment of KRW 52,00,000,000, while the cost of the removal of this case’s construction was additionally required, and the Defendant claimed for payment of KRW 52,00,00,000, including the cost of the removal of this case’s civil petition settlement in the same day. On May 20, 2015, the Plaintiff filed a claim with the Defendant for payment of KRW 66,00,000,000, as the cost of the removal of this case’s construction, civil petition treatment, and business loss.