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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion summary 1) The Plaintiff is the Seo-gu Seoul Building (hereinafter “instant building”).
(2) The Plaintiff and the Defendant concluded a construction contract with the Defendant to carry out construction cost of KRW 13,00,000 for the construction cost from April 5, 2014 to April 25, 201, and the construction cost of KRW 13,00,000 for the Defendant through Nonparty E, who managed the building of this case at the time, concluded a construction contract with the Defendant to carry out construction cost of KRW 13,00,00 for the construction cost of the instant building (hereinafter collectively referred to as “instant primary construction”).
3) However, as the Plaintiff later confirmed, only a 2.7 million won portion of the construction in question was carried out, and the remaining construction was not carried out. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 10,30,000 (i.e., KRW 13 million - KRW 2,700,000) out of the construction price, and damages for delay from May 3, 2014, which is the day following the date of the final payment of the construction price, to the Plaintiff. 4) On April 13, 2015, the Plaintiff again caused water leakage in the building in this case, and paid the Defendant KRW 2,40,000,000 to the Defendant on April 13, 2015 through E (hereinafter “instant secondary construction”).
However, the second construction of this case was conducted because the defendant did not perform water leakage construction among the first construction of this case.
(i) In other words, if the instant secondary construction was performed at the time of the instant primary construction, there was no need to perform the instant secondary construction works. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay from May 14, 2015, which is the day following the date of the final payment of the construction cost, to the Plaintiff.
5. The plaintiff suffered mental damage due to the defendant's above failure to perform his/her duty of construction.