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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is engaged in the mechanical manufacturing and selling business under the trade name of “B,” and the Defendant is a company that processes and sells agricultural products, such as the Director-General, a guard, and a kitchen, etc., at the above address.
B. On April 24, 2014, the Plaintiff received a contract from the Defendant for the construction work amounting to KRW 650 million, and the construction period from April 24, 2014 to August 24, 2014, with the payment of the daily allowance for delay as KRW 3/1,000.
C. As the Plaintiff failed to complete the instant construction by the initial construction period, the Plaintiff agreed to extend the construction period by December 30, 2014.
Nevertheless, as the Plaintiff failed to complete the instant construction by the extended period, the Defendant urged the Plaintiff to complete the construction on August 2015, and instructed the Plaintiff to claim compensation for delay in the future, and the Plaintiff responded to complete the construction by August 31, 2015.
E. While the Plaintiff was still unable to complete the construction even until the said period, the Plaintiff and the Defendant entered into a contract with the Defendant around September 2015, to set up “D” in addition to the instant construction (hereinafter “instant additional construction”) to the Defendant.
F. On October 21, 2015, the Defendant paid KRW 55 million to the Plaintiff as the price for the instant additional construction, and the Plaintiff completed the instant principal construction and additional construction around May 10, 2016.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3, 4, Eul 1-1, 2-2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff 12,910,000 won was agreed upon by the Plaintiff 112,910,000 won, and the Defendant paid only KRW 55,00,00 among them to the Plaintiff. As such, the remainder of the additional construction cost ( KRW 112,910,000 - KRW 55,000) and damages for delay should be paid to the Plaintiff.
B. Defendant Plaintiff’s principal construction work of this case once.