1. The plaintiff's claim is dismissed.

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

Basic Facts

On October 4, 2011, the Plaintiff received a contract from the Defendant during the period from October 5, 201 to November 4, 2011, for the medical care center interior (hereinafter “instant construction”) located in Sinpo City B building 505 to 509, with the contract amount of KRW 70,000,000 and the construction period of KRW 50,000,000,000.

On the day following the contract date, the Defendant agreed on October 14, 201 that the intermediate payment of KRW 30 million was paid to the Plaintiff, and the remainder of KRW 20 million was paid to the Plaintiff on the day following the issuance of a written confirmation of use in social welfare division.

On October 5, 201, the Defendant paid the Plaintiff the down payment of KRW 20 million and the intermediate payment of KRW 30 million on October 14, 201, respectively.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1, and the purport of the whole pleadings.

The plaintiff asserted and the judgment party's assertion that the plaintiff completed the construction work of this case and the additional construction work of this case, the defendant asserts that the plaintiff is obligated to pay the plaintiff the total of KRW 20 million and the additional construction cost of KRW 22 million and the delay damages.

As to this, the defendant asserts that the plaintiff could not respond to the plaintiff's claim because the plaintiff did not complete the construction work within the agreed construction period and neglected it for a considerable period, and the contract for construction work with the plaintiff is terminated and completed through other business operators.

Judgment

In the contract for work, the burden of assertion and proof on the completion of the work is against the contractor who seeks the payment of the remuneration for the result of the work.

(see, e.g., Supreme Court Decision 94Da26684, 94Da26691, Nov. 22, 1994). The Plaintiff’s additional construction work solely based on the descriptions of evidence Nos. 1 and 2, and there is insufficient evidence to acknowledge the completion of the instant construction work and additional construction work, and there is no other evidence to acknowledge it.

The Plaintiff’s evidence on October 23, 2013 as to the fact that the Plaintiff completed the instant construction works, etc. on the first date for pleading on October 23, 2013 is up to November 1, 2013.