1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On or around the beginning of June 2016, the Plaintiff received a contract from the Defendant for the Hanam-gun C&D (hereinafter “instant construction”) with the construction cost of KRW 60,000,000 and the completion date of construction as of July 10, 2016.

B. On June 10, 201, the Defendant paid the Plaintiff KRW 28,00,000,000 as the title of payment of construction price, and KRW 8,000,000 on June 27, 2016, and KRW 10,000 on July 1, 2016.

C. Around June 10, 2016, the Plaintiff started and continued the instant construction, and suspended the said construction on July 4, 2016, and thereafter, the Defendant completed the instant construction at his own expense.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) paid the construction cost equivalent to KRW 47,50,000 in total until the discontinuance of the instant construction work, and the Defendant paid KRW 27,50,000 among the above money. As such, the Defendant shall pay the Plaintiff the remainder of KRW 20,000,000 as well as delay damages. (2) The Defendant asserted that the Defendant paid KRW 30,020,000 to the Plaintiff as the construction cost of this case. Since the Plaintiff’s completion of the instant construction work by bringing the Plaintiff’s total cost of KRW 34,835,00 as the Plaintiff’s discontinuance after the discontinuance of the instant construction work, exceeds KRW 60,00,00 for the original construction cost of this case, the Plaintiff’s assertion is without merit.

B. The following circumstances are acknowledged as follows: (a) the Defendant wired the Plaintiff KRW 28,00,000, totaling KRW 10,000 on June 10, 2016 and KRW 28,000,000 on June 27, 2016, and KRW 10,000 on July 1, 2016, to the Plaintiff, before the Plaintiff ceased to perform the instant construction work; and (b) the Defendant wired the Plaintiff a total of KRW 28,00,00,00,00,00 in the entries in the evidence Nos. 3, B, 1, and 4; and (c) the Defendant, in other words, remitted KRW 1,920,00 to the account in the name of D on June 27, 2016, as a whole, to the Plaintiff and the Plaintiff.