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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On October 10, 2012, the Plaintiff entered into a contract for construction works with the Defendant to receive a contract for the installation work of low temperature storage height (30 square meters) from the Defendant (excluding value-added tax; hereinafter the same shall apply) and received KRW 14,00,000 from the Defendant as down payment on October 22, 201.
B. Since November 7, 2012, the Plaintiff agreed with the Defendant to change the size of storage space to KRW 33,000, and the construction cost to KRW 67,000,000, and completed the said installation work. During the instant lawsuit, the Plaintiff and the Defendant completed the instant installation work at KRW 59,00,000, and received each payment from the Defendant on February 15, 2014, KRW 29,500,000, respectively.
C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount stated in the purport of the claim and damages for delay, which are the sum of KRW 3,455,664,00,00,00 (the fixed construction cost 59,000,000 - the down payment 14,000,000) calculated by deducting the interest of KRW 6% per annum under the Commercial Act from the sum of KRW 3,092,054, the sum of KRW 3,45,664, which the Plaintiff is the owner of the low temperature storage and defect repair cost, from the sum of KRW 5,00,000 from December 29, 2012 to February 29, 2014.
2. On October 10, 2012, the Plaintiff sought payment of the unpaid construction cost against the Defendant on the premise that the Defendant had been awarded a contract for the instant low temperature storage and installation work. In full view of the written evidence Nos. 1, 3, 4, and 7, the Defendant entered into a contract for low temperature storage and transfer KRW 14,00,000 in total to the Plaintiff on three occasions on October 22, 2012, notwithstanding that the Plaintiff was a registered director of the non-party farming association B (hereinafter “non-party farming association”), the Plaintiff entered into a contract for low temperature storage and transfer of KRW 14,00,000 in the name of the non-party farming association, and thereafter, the Plaintiff sent a certificate of content to the Defendant several times, and discussed on the progress and work cost of the instant low temperature storage and construction work.