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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. On January 10, 2018, the Plaintiff and the Defendant concluded a contract for construction work between the Plaintiff and the Defendant, setting the construction cost of KRW 180,00,000 and the construction period of construction from January 22, 2018 to March 21, 2018 (hereinafter “instant contract”).
2. On January 10, 2018, the contract date, the Defendant paid advance payment of KRW 20,000,000 to the Plaintiff. The intermediate payment of KRW 106,000,000 to the part payment is paid in installments three times in accordance with the base rate, and the contract stated “2/12 in substitution with the third intermediate payment according to the base rate.”
(A) The balance 54,00,000 won was agreed to be paid within one month after completion.
B. On March 27, 2018, the Plaintiff started and continued the instant construction from around March 27, 2018, and was paid KRW 20,000,000, which was part of intermediate payment, on April 23, 2018, upon requesting the Defendant to pay intermediate payment. (2) On May 3, 2018, the Plaintiff suspended the construction by deeming that the advance payment and intermediate payment, which was paid by the Defendant, are difficult to continue the construction of the instant construction, and requested the Defendant to pay the intermediate payment additionally.
3) On May 3, 2018, the Defendant notified the Plaintiff of the normalization of the instant construction work, but the Plaintiff refused to comply therewith. On May 16, 2018, the Defendant notified the Plaintiff of the termination of the instant contract on the grounds of delay in construction, unilateral replacement of the employees in charge of the field and absence of field supervision, and failure to submit a schedule of construction progress. (c) The Defendant’s completion of the instant construction work was completed after the Plaintiff suspended the instant construction work, and the Plaintiff additionally disbursed KRW 100,767,215 in the process, and additionally disbursed KRW 84,910,00 in total due to materials and construction cost, etc. 84,910,000 in total. The Plaintiff did not dispute grounds for recognition, A, 1, 2, and 2.