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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur engaged in the electrical construction business under the trade name of C, and the Defendant is a corporation established for the purpose of electrical construction business, etc.
B. On July 2012, the Defendant: (a) contracted for electrical construction of a natural recreation forest development project from an official city; and (b) performed such construction; (c) discovered cultural heritage assets at the construction site and suspended construction works.
Then, on May 1, 2014, the Defendant concluded a subcontract (hereinafter “instant subcontract”) with the Plaintiff on May 1, 2014, on the condition that the contract amount is KRW 248,633,932 (including additional duties) with respect to the remaining parts of the said construction (hereinafter “instant construction”).
C. On April 2016, the Plaintiff completed the instant construction, and thereafter on May 17, 2016, from D Co., Ltd., the policyholder, from D Co., Ltd., the Defendant, the insured, the amount of insurance coverage, the amount of KRW 74,590,170, and the content of the guarantee was issued with the warranty bond, the contract amount, and the warranty bond, and the contract amount, which are 248,63,932, and delivered it to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings
2. The assertion and judgment
A. On May 2014, the Plaintiff’s assertion and the Defendant concluded a subcontract with the contents that “73% of the final construction price that the Defendant received from an official city was to determine as the subcontract price.” Since the construction price of the contract between the Defendant and the official city was finally adjusted to KRW 438,437,00, the subcontract price to be paid by the Defendant is KRW 320,059,000 (=438,437,000 + KRW 0.73,00).
However, the defendant does not pay to the plaintiff KRW 6,654,00 among the above subcontract price. The defendant is obligated to pay the plaintiff the above KRW 6,654,00 and the delay damages.
B. The Plaintiff’s assertion of judgment is more than the construction cost stipulated in the instant subcontract.