beta
Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a corporation established for the purpose of the soil construction business, and the defendant is a corporation established for the purpose of the construction business.
B. On July 13, 2015, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant to determine the cost of construction as KRW 1,595,00,000 of the cost of construction from July 13, 2015 to December 31, 2015 (including value-added tax) among the new construction works of the Simpha Officetel (hereinafter “instant construction works”).
C. In order to carry out the instant construction work, the Plaintiff intended to remove underground rocks through blasting methods, but the Plaintiff attempted to remove underground rocks by means of blasting, but delayed blasting permission due to a civil petition filed by neighboring residents, which led to a delay in blasting permission from the competent police station on November 6, 2015, and the area permitted for blasting falls short of 30% of the total base area, and the construction was carried out by blasting methods for the said 30% portion as to the said 30% portion out of the total base area. The remainder was written down with noise and the construction was carried out as a non-vibration crushing method, which is an excavation method without vibration.
On the other hand, some of the companies that received sewage from the Plaintiff (hereinafter “contractor”) did not receive construction payment from the Plaintiff from the Plaintiff, and the suspension of construction from May 2016 occurred. In order to discuss the solution for such situation, the construction parties between the Plaintiff and the Defendant were gathered on several occasions, and the Defendant directly paid the construction payment to the subcontractor from the end of May 2016.
E. By May 2016, the Defendant paid the Plaintiff a total of KRW 1,326,00,000 as construction price, and thereafter, the Defendant paid the Plaintiff a total of KRW 1,326,00,000 as construction price.