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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 27, 2017, the Plaintiff entered into a contract for construction works between the Defendant and the Defendant to demand and supply construction works for the removal of the first floor, the third floor, the fourth floor, the fourth floor, and the fifth floor of the building in Busan Dong-gu, Busan, with the construction cost of KRW 48 million, and the period from September 27, 2017 to October 15, 2017. The Defendant paid the down payment of KRW 24 million to the Plaintiff on the date of the contract.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. 1) The Plaintiff and the Defendant completed the removal work on October 20, 2017 under the construction contract with the Defendant, and completed the removal work from October 26, 2017 to October 29, 2017 upon the Defendant’s request for the additional removal work. The Defendant did not pay the remainder of KRW 24 million under the construction contract and the additional construction cost of KRW 31,50,000,000. Thus, the Defendant asserts that the Plaintiff is liable to pay the Plaintiff the said KRW 31,50,000 and the delay damages therefor. 2) The Defendant completed the removal work with the third party on the non-completion portion due to the Plaintiff’s failure to complete the removal work under the construction contract, and the Plaintiff’s claim for the removal is unjust, since the Plaintiff’s additional construction work already claims duplicate the part included in the construction contract.
B. In light of the fact that Gap evidence No. 1 is a construction contract entered into between the plaintiff and the defendant, and Gap evidence No. 2 is a written estimate for removal and addition, which is not submitted by the plaintiff, it is insufficient to recognize the plaintiff's assertion only with the evidence submitted by the plaintiff, and there is no other evidence to acknowledge it.
Therefore, the Plaintiff’s assertion is difficult to accept.
3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.