1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C decided to construct a new building on the land outside D and two parcels, and around February 2017, C contracted the said new construction work (hereinafter “instant new construction work”) to E Co., Ltd. (hereinafter “E”).

B. Around March 2018, E waived the instant new construction project, and the Defendant continued the construction project.

C. The Plaintiff, among the new construction works in the instant case, performed construction works under a subcontract for the basic and soil construction works (hereinafter “instant subcontracted works”).

[Ground] Evidence No. 4, Eul No. 2, and the purport of the whole pleading

2. Determination

A. The Plaintiff asserted that the subcontracted project was performed by the Defendant under a contract with the Defendant, and was paid only KRW 50 million out of the construction cost of KRW 165 million.

Therefore, the defendant should pay to the plaintiff 15 million won for the unpaid construction cost and damages for delay.

B. (1) The judgment (1) is not clear whether the Plaintiff performed the subcontracted project in this case under contract with E, and whether the Defendant performed the construction project under contract with E, but according to the respective statements in the evidence Nos. 2 and 4, it is recognized that the Defendant agreed to pay the Plaintiff’s construction cost, barring any special circumstance, the Defendant shall pay the unpaid construction cost to the Plaintiff.

(2) Meanwhile, according to the purport of the entire pleadings as to the statement of evidence Nos. 4 through 7, ① purchased the land for the instant new construction project from a stock company on April 30, 2018; ② written statement of agreement signed between F and the Plaintiff on December 5, 2019 when the instant lawsuit was pending between F and the Plaintiff; ③ written statement of agreement signed between F and the Plaintiff on December 5, 2019, ③ offered security for the Plaintiff’s claim for the payment of the subcontract price of this case by entering into a sales contract with the effect that F will sell the building No. 1 to the Plaintiff on December 5, 2019; ④ request the Plaintiff to change the number of houses; and ④ the sales contract made on January 16, 2020 upon request.