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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserts that, around July 20, 201, around July 20, 201, the construction work was completed by being awarded a contract with the Defendant for the construction work of KRW 15,00,000 for the construction work cost of KRW 15,00,000, and the Defendant received only KRW 8,500,000 among the construction cost as above, and did not receive the remainder of the construction cost of KRW 6,50,000, and thus, the Defendant is liable to pay the Plaintiff the unpaid construction cost of KRW 6,50,000 and the delay damages therefrom.
The Plaintiff received KRW 15,00,000 from the Defendant on July 20, 201 (hereinafter “instant construction contract”). The Plaintiff received from the Defendant a total of KRW 7,00,000,000 from the Defendant on July 23, 201 pursuant to the instant construction contract, and the fact that the Plaintiff received KRW 8,50,000,00 in total from the Defendant on October 5, 201, pursuant to the instant construction contract, is either a dispute between the parties or recognized by the statement under subparagraph 1.
However, it is not sufficient to recognize that the Plaintiff completed the construction work B by itself on the evidence No. 1 submitted by the Plaintiff, and there is no evidence to acknowledge it otherwise.
Rather, comprehensively taking account of the overall purport of the pleadings in evidence Nos. 8-1 and 15-3, the following facts: ① the Defendant submitted a report to the Anti-Corruption and Civil Rights Commission on October 24, 2012 that the Plaintiff was unable to complete construction works properly; ② the Anti-Corruption and Civil Rights Commission notified the Defendant of the investigation results of the referral case on April 29, 2014; ② the above notification was sent to the Supreme Prosecutors’ Office to investigate the Defendant’s report at the Suwon District Prosecutors’ Office, and the fact that the representative of the construction company, such as the Plaintiff’s representative, etc., who participated in the construction project, illegally transferred the right to construct the geothermal heating construction works to the representative of the non-qualified construction company, including the Plaintiff’s representative, was found to have obtained subsidies,872,00,000 won, and accordingly, the date of the resolution is the representative of the Energy Management Corporation.