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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 July 2012, the Plaintiff entered into a construction contract with the Defendant on the construction of a new urban residential housing unit B in Gyeonggi-gu (hereinafter “instant construction contract”) with respect to the construction of a new urban residential unit as follows (hereinafter “instant construction contract and the instant construction contract”).
4. Period: July 10, 2012 to November 30, 2012
5. Contract amount: KRW 10,000,000 per day ( 710,000,000) additional tax
6. Payment of price;
(a) Advance payments: Japanese Won 150,000,000 Won ( 150,000,000);
(b) part payments: Tron c. 3,000,000 won ( c.50,000) - Payment by process during the construction
(c) Balance: KRW 210,000,000 per day ( 210,00,00) - Article 1 [general provisions] The contractor (hereinafter referred to as “A”) and the contractor (hereinafter referred to as “B”) shall cooperate with each other on an equal footing and implement the contract in good faith.
Article 10 [Advanced Money] (1) "A" shall pay the advance payment to "B" as stipulated in the contract, and (5) "A" may request the return of the balance of the advance payment in any of the following cases:
(6) "A" shall, where there is any amount unpaid due to the completed portion at the time of a request for refund under paragraph (5), preferentially appropriate the unpaid amount for the unpaid amount.
B. On July 27, 2012, the Plaintiff received advance payment of KRW 160,000,000 from the Defendant pursuant to the instant construction contract.
C. On October 26, 2012, the Plaintiff filed a claim with the Defendant for the first payment for the completed portion on the basis of the detailed statement of flag prepared by himself as of October 20, 2012, and around that time the instant construction was suspended.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion (1) is part of the nature of the Defendant and the additional construction cost and the amount of damages for the following reasons.