The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On August 10, 2018, the Plaintiff and the Plaintiff C Hospital Extension Corporation (hereinafter “the construction site of this case”) concluded a contract by setting the construction cost of KRW 58,190,00 with respect to the construction work for one elevator, and agreed to pay KRW 17,457,00 upon entering the contract, and the intermediate payment of KRW 34,914,000 upon entering the site of main materials, to pay KRW 5,819,000 after obtaining approval for use (hereinafter “the instant contract”). The instant contract of this case includes a delay in the contract of construction and electrical construction for elevator installation by September 30, 2018 (Article 2(1) of the contract of this case). If the Plaintiff’s obligation to cooperate with the Plaintiff as above is performed or its payment has been delayed due to any cause or delay in the contract of construction (Article 7(1) of the contract of this case).

On August 20, 2018, the Plaintiff paid the down payment of KRW 17,457,00 to the Defendant.

On October 9, 2018, the Defendant carried in materials for installation of an elevator at the construction site of this case and commenced construction for installation of an elevator, but the installation work of an elevator was suspended because the floor end line of the 1st floor entrance became undetermined.

On November 10, 2018, the Defendant requested the Plaintiff to pay an intermediate payment of KRW 34,914,000 according to the instant contract, on November 20, 2018, when the Defendant, by resumption of construction on November 10, 2018, established the right flag, guard day, elevator board, elevator board, platform, etc.

On January 21, 2019, the Defendant sent to the Plaintiff a mail requesting the payment of intermediate payment of KRW 34,914,000 by January 25, 2019. On March 15, 2019, the Defendant sent a mail requesting the payment of intermediate payment by March 25, 2019.

The defendant.