The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a corporation that runs the construction business and the housing construction business, and the Defendant is a person who runs the housing construction business, etc. under the trade name of “C”.

B. On September 30, 2017, the Plaintiff and the Defendant drafted a contract for the following (hereinafter referred to as “instant contract for construction”) with respect to the new construction of “E apartment” (hereinafter referred to as “instant apartment”) located in the Cheongdong-gun, Chungcheongnam-gun, and one parcel (hereinafter referred to as “instant apartment”).

The construction site: The date of commencement of one parcel, other than B, Cheongong-gun, Cheongong-gun, and one parcel on November 30, 2017: the contract price on August 30, 2018: the supply price of KRW 2,100,000,000; the contract price of KRW 2,100,000; there is no dispute over the defendant/contractor (based on recognition); entries in Gap evidence 1; and the purport of the whole pleadings.

2. The Plaintiff asserted that the contract was concluded with the Defendant for the instant construction work.

The Plaintiff, the contractor of the above contract, performed its obligations under the contract and completed the instant construction work.

The Plaintiff received a total of KRW 1,386,724,200 among the construction cost of KRW 2,100,000 under the above contract, and the sum of the construction cost that the Defendant paid to the subcontractor, who is the contracting party, is KRW 117,280,00.

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 595,95,800 (=2,100,000,000 - KRW 1,386,724,200 - KRW 117,280,00) and damages for delay.

3. Determination

(a) In full view of the respective descriptions and arguments of Gap evidence Nos. 3, 4, 7, and 11 (if a number is available, including branch numbers; hereinafter the same shall apply), the following facts are recognized:

1 The Plaintiff issued an electronic tax invoice on the instant construction cost several occasions by designating the Defendant as “the recipient”.

The specific details are as follows:

The supply value as of the date of setting up an sequence 14.35,823,40 won on December 14, 2017, 2012. 39,845,400 won on January 12, 2018, 350,000 won on February 14, 2018. 150,000,000 won on March 70, 2018.