1. The plaintiff's claim is dismissed.

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

Basic Facts

On June 13, 2014, the Plaintiff and the Defendant concluded a construction contract (hereinafter referred to as the “instant construction contract”) under the terms and conditions that the Plaintiff would have contracted with the Defendant for the construction work of installing a water cooling linkage (hereinafter referred to as “instant construction work”) on the Defendant’s farm located in Gangseo-gun 365, Gangwon-gu, Gangwon-do, under the terms and conditions that the construction cost would be KRW 90,200,000 (including value-added tax) and the construction period would be from June 23, 2014 to August 8, 2014.

The Plaintiff completed the instant construction project and issued a tax invoice to the Defendant on December 20, 2014 (i.e., the supply price of KRW 58,181,818,182), the claimed amount of KRW 30,770,00 (i.e., the supply price of KRW 2,797,273), the claimed amount of KRW 3,60,000 (i.e., the supply price of KRW 3,272,727,727) and the claimed amount of KRW 327,273).

From July 9, 2014 to June 9, 2015, the Defendant paid the Plaintiff KRW 77,400,000 in total as the construction cost of the instant case.

[Ground] The Plaintiff asserted that there was no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 3-1, 2, 3-1, 3-2, and Eul evidence 1, and the purport of the whole pleadings, and the Plaintiff asserted that the construction of this case was completed in accordance with the construction contract of this case. The construction work of this case resulted in KRW 98,370,00 (=64,000,000 won (=30,770,000 won) equivalent to the total amount of tax invoice of this case issued by the Plaintiff as the construction work price of this case.

Nevertheless, the Defendant paid only KRW 77,400,000 to the Plaintiff for the construction cost of this case.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 20,970,00 (=98,370,000 - KRW 77,400,000). The Defendant paid KRW 11,416,00 out of the construction cost to Faccon Co., Ltd. which seized the Plaintiff’s claim for the unpaid construction cost. Ultimately, the Defendant served the original payment order of this case on the Plaintiff (=20,970,000 - KRW 11,416,00).