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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 February 3, 2015, the Defendant acquired ownership of the Northern-gu Seoul metropolitan area 429 square meters, and implemented a new construction work of neighborhood living facilities on the ground around March 2015 (hereinafter “instant new construction work”), and obtained approval for use following completion on September 2, 2015.
B. On April 2015, the Plaintiff, as a construction business operator, was responsible for the construction of steel bars and printing teams at the construction site.
C. The Plaintiff was paid KRW 70 million in total as the construction price by D (the Defendant’s Chok) and KRW 50 million on April 3, 2015, and KRW 50 million on June 5, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, and 7, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the parties’ assertion 1) The Plaintiff entered into a contract with the Defendant for the construction cost of KRW 1.6 million for the steel frame and the board construction among the new construction works of this case. The Plaintiff received a total of KRW 70 million ( KRW 50 million on April 3, 2015, KRW 50 million on June 5, 2015, and KRW 20 million on June 5, 2015) through the Defendant’s ChokD. The Plaintiff continued to work until the completion of the construction work. The Plaintiff did not complete the remaining construction amounting to KRW 12 million on the wind requiring the Defendant’s unilateral suspension of the construction work. Accordingly, the Defendant is not obligated to pay the Plaintiff the remainder of KRW 24 million on the remainder of the construction work remaining after completion (i.e., KRW 1., KRW 1.6 million on the remainder of the construction work, - KRW 1.6 million on the Plaintiff and the Defendant did not have any obligation to pay damages for delay to the Plaintiff.
The parts of the steel frame and the panel construction claimed by the plaintiff are subcontracted to the defendant by E.
Under the above contract, the defendant paid the construction cost of KRW 350,000,000,000 to E's Scarin who is the defendant of the defendant.
The reason why the construction work was interrupted by the Plaintiff is attributable to the Plaintiff.