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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On April 2013, the Plaintiff asserted that the Defendant had not received KRW 5,973,040 from the Defendant and filed a claim against the Defendant for the payment of the unpaid construction cost and damages for delay, alleging that the construction of underwater water play facilities (work cost of the instant facilities, etc.; hereinafter “instant facilities”) in the Chang Sea-gu, Jinwon-si, Jinwon-si B was awarded a contract for construction cost of KRW 268,735,00, and completed the construction work on September 2013.
B. The defendant's assertion that there is a defect in the facility of this case, and the plaintiff agreed to perform the duty of repair of defects in advance so far, and the defendant has no obligation to pay the construction cost.
In addition, the Plaintiff did not comply with the agreed completion date of construction on June 15, 2013, and completed construction work on September 2013, 2013, and on this ground, the Plaintiff went bankrupt on the ground that the client could not open a water play park in the oil in 2013, and the Defendant also suffered losses not paid in full by the ordering person.
2. In full view of the purport of the Plaintiff’s evidence No. 1 and the Defendant’s entire pleadings, the Plaintiff and the Defendant prepared the statement of the settlement of evidence No. 1 while settling the construction cost to be paid to the Plaintiff on February 23, 2014. The said statement of settlement stated that the construction cost to be paid by the Defendant to the Plaintiff is KRW 55,973,040, and that “additional selection” in a separate item (11) provides that “the Plaintiff shall be additionally selected” in the instant separate item (paragraph (11) provides that the Plaintiff’s specific location in the facilities of the instant case is flick and flicked, a large quantity of water leakages occur, the submission of defective performance securities, and the measures to repair defects during the defect repair period, etc., and the Plaintiff prepared the above statement of settlement.