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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. C is the owner of Pyeongtaek-si Dial (hereinafter “Dri”) E, and F is the owner of G field 661 square meters, and the Defendant is a company with the purpose of the construction business.
B. H representing C and F entered into a contract between the Plaintiff and the Plaintiff for construction of a building by setting the construction cost of KRW 1,400,000,000 (excluding value-added tax) and the scheduled completion date of works on each land of E and G as of September 30, 2014.
C. However, on September 4, 2014, the completion of the construction project under the contract mentioned in the above sub-paragraph (b) was difficult, and around September 4, 2014, the Defendant and C entered into a contract for new construction of the building (hereinafter referred to as “instant contract”) with respect to the land E, and F as to the land of G, with the amount of construction 653,50,000 won (excluding value-added tax) and as of January 30, 2015 (hereinafter referred to as “each of the instant buildings”) with respect to the completion of the completion of the construction project (hereinafter referred to as “instant construction project”), and there is no content as to the contract described in the above sub-paragraph (b).
Around August 2016, the Defendant completed each of the instant buildings and delivered them to C and F around October 2016.
E. Since then, C/F filed a lawsuit against the Defendant for the confirmation of the existence of an obligation with the content that C/F’s obligation against the Defendant does not exist, as it offsets KRW 601,150,000 against the remainder claim for construction price under the instant contract against C/F, as well as KRW 897,90,000 against the Defendant of C/F’s compensation for delay. Accordingly, the Defendant filed a counterclaim seeking payment of KRW 601,150,000 against the remainder claim for construction price under the instant contract against C/F.
[The court of the first instance held on October 19, 2017 that C and F did not recognize the existence of the claim for compensation for delay claimed by P and F, and that C and F shall pay to the Defendant the remainder of the contract price claim of KRW 601,150,000 and the delay damages as follows.