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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff is a corporation specializing in design and interior works, and the Defendant is a corporation that carries on a fashion project.
B. (1) The Plaintiff entered into a construction contract with the Defendant on May 3, 2012 to May 4, 2012, with respect to the Homeplers located in the Bupyeong-gu Incheon House P, and entered into the construction contract with the construction cost of KRW 34,100,00 (including value-added tax) and completed the said construction on May 4, 2012, but did not receive KRW 7,60,000 out of the construction cost from the Defendant.
The Plaintiff concluded the construction contract between the Defendant and the Defendant by setting the construction period as KRW 26,620,00 (including value-added tax) with respect to the interior of E store in the Bupyeong-gu Incheon Bupyeong-gu D, Incheon, as to the construction work, from July 7, 2012 to July 8, 2012; and the construction cost as KRW 26,620,00 (including value-added tax) and completed the said construction on July 8, 2012. However, the Plaintiff did not receive KRW 8,970,000 out of the construction price from the Defendant.
C. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 16,570,00 (=the unpaid construction cost of KRW 7,600,000 at C points + the unpaid construction cost of KRW 8,970,000) and delay damages therefor.
2. In full view of the overall purport of the arguments in each image of evidence Nos. 2-1 through 4, evidence Nos. 2-3, evidence Nos. 3-1 through 3, evidence Nos. 2-2, evidence Nos. 1, 2-2, and evidence Nos. 4 (including evidence Nos. 2-4), and evidence Nos. 3-4 through 9, F, the representative director of the Plaintiff, has registered his trade name as A and carried on the artificial test business. A, namely, F, on May 3, 2012, submitted a written estimate for the construction price of the Defendant’s points at KRW 31,00,000 (value-added tax separate), and completed the above construction work on May 4, 2012; A, namely, F, on June 29, 2012, written estimate for the construction price to the Defendant as a separate sheet (value-added tax base).