The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On October 15, 2019, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which the construction work on the land in Gyeonggi-gu D (hereinafter “instant land”) for the electric source (hereinafter “instant construction work”) would be ordered to be contracted by the Defendant Co., Ltd. for KRW 280 million (hereinafter “instant construction work”). Defendant C is the representative director of the Defendant Co., Ltd.

B. The Plaintiff paid KRW 115,00,000 to the Defendant Company as the price for construction under the instant contract, and the Defendant Company ceased to perform construction works under the instant contract.

(c)

On December 30, 2019, the Plaintiff entered into a contract with Nonparty E on December 30, 2019 under which E is to receive a contract for construction work in the house for electric source on the instant land (hereinafter “instant contract”) at KRW 165 million.

In the contract 2 of this case, it is stipulated that "the defendant company shall complete the interior construction (including outer wall construction) under the present condition of construction" as a special agreement.

[Evidence : Evidence No. 1, 3, Evidence Nos. 1, 2, and 1, 2, and the purport of the whole theory

2. Determination as to the cause of claim

A. As to the Plaintiff’s claim against the Defendant Company, the Plaintiff asserts as follows.

In other words, the Defendant Company’s payment of KRW 115 million from the Plaintiff pursuant to the instant contract would not be used for the instant construction and may not continue the construction by using the said construction for any other purpose. The Defendant Company suspended the construction without finishing the instant construction, and only spent KRW 70 million as structural construction and design expenses during the instant construction.

Therefore, the defendant company received 15 million won from the plaintiff, excluding 70 million won incurred in relation to the above structural construction from the plaintiff, and the remaining 45 million won.