1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. On April 201, the Plaintiff asserted that the instant construction was suspended due to the Defendant’s circumstances while the construction was being carried out by a contract with the Defendant for the part of electrical construction among the newly constructed construction works of B (Type-Type-Type-Type-Type-Type-Type-type-type-type-type-type-type-type-type-type-type-type-type) located

Accordingly, as the Plaintiff claimed for the amount of KRW 62.7 million to the Defendant, the Defendant requested a reduction of the construction cost of this case and agreed with the Defendant as KRW 50 million around October 2013, but the payment period was postponed until the date of the commencement of the next construction work.

However, since the defendant concluded a construction contract with another construction business operator and commenced the construction project of this case, it is obligated to pay the plaintiff the agreed amount of KRW 50 million and the delay damages pursuant to the above agreement.

B. In full view of the purport of the argument in Gap evidence No. 2, it is difficult to find that the defendant concluded the construction contract of this case with the plaintiff and agreed to pay the plaintiff the above money directly to the plaintiff around October 1, 2013 when the construction contract of this case was discontinued according to its circumstances, the plaintiff made a letter of commitment (Evidence No. 2) stating that "the defendant shall be liable and liable to the plaintiff so that the construction cost of KRW 50 million can be adjusted before the commencement of the next construction work." However, it is difficult to find that the above fact of recognition alone entered into an agreement with the plaintiff to settle the construction cost of this case at KRW 50 million with the plaintiff, and that the defendant agreed to pay the above money directly to the plaintiff.

In addition, even if all the evidence submitted by the plaintiff were integrated, unless the settlement has been conducted separately prior to the commencement of the next construction work or there has been an appraisal on the completed part of the second construction, it constitutes a total of KRW 62.7 million or at least KRW 50 million.