1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is a construction company aimed at the construction business of metal structure, etc., and the defendant is a person who operates the construction business with the trade name B.

On March 14, 2014, the Plaintiff entered into a subcontract with the Defendant by setting the construction cost of KRW 363,00,00 (including value-added tax) and the construction period from April 1, 2014 to August 30, 2014, with respect to metal and windows in the process, such as Aluminium trial panel, Aluminium aluminium aluminium, Aluminium gyle, Aluminium luminium, Aluminium luminium, Aluminium luminium, Aluminium, and hydrominium (hereinafter “instant construction”).

(hereinafter “instant construction contract”). From February 21, 2014 to September 22, 2014, the Plaintiff paid KRW 305,190,000 in total to the Defendant as construction price.

The Defendant discontinued the instant construction work around October 2014.

[Ground of recognition] The plaintiff asserted the purport of Gap's evidence Nos. 1, 2, and 7, and the purport of the whole pleadings has paid 328,926,768 won as construction price to the defendant. However, the defendant suspended the construction of this case while only about 40% of the whole process of the construction of this case had been completed, and the plaintiff completed the construction of this case by concluding a subcontract with another company.

Therefore, the Defendant should pay to the Plaintiff KRW 145,20,00 (= KRW 363,00,000 x 40%) equivalent to 40% completed by the Defendant out of the total construction cost of KRW 363,00,000 paid by the Plaintiff to the Defendant under the instant construction contract, and ② KRW 183,726,768 (= KRW 328,926,768 - KRW 145,20,00) and ② KRW 362,96,315 as required by the Plaintiff to complete the instant construction project (= KRW 183,726,768,768,362,315).

The plaintiff shall seek the payment of KRW 305,190,00 among them and damages for delay.

Judgment

With respect to the claim for the return of the construction cost paid in excess, the contractor has not completed the construction work.