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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the purport of the entire pleadings in the statement of evidence No. 1, the Plaintiff entered into a construction contract (hereinafter referred to as the “instant construction contract”) with the Defendant on April 14, 2016, which stipulates a contract amount of KRW 586,678,518 (including value-added tax) to receive supply of and demand for large-scale housing and reinforced concrete construction among the construction of apartment houses and business facilities on the land of three parcels, including the Defendant and Busan Young-gu, Busan, as the contract amount of KRW 586,678,518 (hereinafter referred to as the “instant construction contract”), and the Plaintiff’s completion of the instant construction project around April 13, 201
The Plaintiff is the Defendant who received KRW 530 million among the construction cost stipulated in the instant construction contract.
According to the above facts, the defendant is obligated to pay to the plaintiff the balance of the construction price of KRW 56,678,518 (= KRW 586,678,518 – KRW 530 million), and delay damages.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the defendant directly paid the construction price to the plaintiff's sewage supplier, and directly paid the materials price to the plaintiff's material supplier. Additional costs were paid due to the plaintiff's defective construction, and the total sum of the above amounts exceeds the balance of the construction price. Thus, the defendant did not pay any money to the plaintiff.
(b)In full view of the evidence No. 3, evidence No. 4-1, 2, Eul evidence No. 6, evidence No. 7-1, 2, Eul evidence No. 8-3, 4, witness D, and E's testimony, each of the following facts can be acknowledged:
1) The Plaintiff subcontracted D with the instant construction work, such as steel processing assembly and ready-mixed snow, and the Plaintiff did not pay the construction cost. As the Defendant paid D the construction cost, the Defendant paid D with the total amount of KRW 20 million with the steel bars and strawing construction cost, KRW 26,00,000,000 on January 26, 2017, and KRW 47,770,000,000 on February 27, 2017. (2) The Plaintiff subcontracted the instant construction work to G operating F, and the Plaintiff paid the construction cost.