1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On February 5, 2015, the Plaintiff concluded a construction contract for a restaurant of the first and second floors among the ground buildings in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul (hereinafter “instant contract”) on behalf of the Defendant and carried out the construction work.

B. However, around April 16, 2015, water leakage in the above building (hereinafter “instant water leakage”) occurred as well as the foregoing interior (hereinafter “instant interior”) was suspended.

C. The Defendant paid a total of KRW 58 million to the Plaintiff from February 3, 2015 to April 7, 2015 as construction cost for the said construction work.

[Grounds for recognition] The fact that there is no dispute, Gap's evidence 5, Eul's evidence 3, the purport of whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) concluded the instant contract with the Defendant to complete the instant construction work in advance, with the payment of the material cost of KRW 110 million, and completed the construction work even after the completion of the construction work. On June 1, 2015, the Plaintiff discontinued the construction work even after the completion of the construction work. The Plaintiff asserted that the Defendant had already paid the construction cost of KRW 110,000,000, and KRW 21,008,285, totaling KRW 131,008,285, and KRW 58,000,000, and KRW 14,000,000 on May 21, 2015, KRW 18,000,000,000 for KRW 99,80,000 for the same month, and KRW 5,505,000 for the delayed payment of the construction cost at the time of the Plaintiff’s performance.

In addition, the above water leakage repair work was completed by F, not the plaintiff, but the owner of the building and the lessor.

Preliminaryly, even if the above remaining construction cost claim is acknowledged, the defendant shall pay the plaintiff the work price as the hotel G G work price on May 1, 2015.