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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 2, 2012, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant to set the construction amount at KRW 69,190,00 with respect to the land works (hereinafter “instant construction works”) among the “Dongpy Sewage culvert Improvement Project” (hereinafter “the instant construction works”) that the Defendant received from the manager of the special accounts for the public enterprise of the YY-gun.
B. The Defendant paid to the Plaintiff KRW 37,750,000, totaling KRW 37,750,000,000, as the instant construction cost, on September 28, 2012, KRW 2,200,00 on October 5, 2012, and KRW 27,000 on November 27, 2012, and KRW 1,00,000 on December 12, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion and its determination (1) are liable to pay the Plaintiff the unpaid construction cost of KRW 31,440,00 (69,190,000 - 37,750,000) out of the construction cost of the instant case, and the remainder of KRW 29,310,298,702 (1,131,601,98,000) less the sum of the construction cost of KRW 1,131,60,00,000 (31,440,000 - 37,750,000) and damages for delay.
(2) According to the above facts, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of KRW 29,310,298 ( KRW 31,40,400,000, KRW 37,750,00) calculated by deducting the total construction cost of KRW 1,131,60 from the unpaid construction cost of the instant construction cost ( KRW 69,190,000 - KRW 37,750,00) and the remainder of KRW 29,129,70,000, KRW 200,000,000,000 from the part of the concrete attached to the multi-family multi-family multi-family joint transport of KRW 998,101 ( KRW 1,131,60,998,101).
B. The defendant's defense and the judgment on the above (1) The amount of direct payment on the direct payment request for the direct payment of the defenses of direct payment request is the recipient on the date of request.